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Dutch Court Punishes Theft of Virtual Property

tsa writes "Last week, the Dutch court subjected two kids of ages 15 and 14 to 160 hours of unpaid work or 80 days in jail, because they stole virtual property from a 13-year-old boy. The boy was kicked and beaten and threatened with a knife while forced to log into Runescape and giving his assets to the two perpetrators. This ruling is the first of its kind for the Netherlands. Ars Technica has some more background information." In Japan, meanwhile, a woman has been arrested for "illegally accessing a computer and manipulating electronic data" after (virtually) killing her (virtual) husband.

276 comments

  1. It's funny and sad... by VeNoM0619 · · Score: 5, Insightful

    It's funny and sad...how imaginary pixels can run people's lives to do horrible things in a physical world.

    --
    Disclaimer: I am not god.
    We may not be created equal
    But we can be treated equal.
    1. Re:It's funny and sad... by Waste55 · · Score: 5, Funny

      It's funny and sad...how imaginary pixels can run people's lives to do horrible things in a physical world.

      Imaginary?! What are these tiny dots I keep starting at while I type?! Someone must have slipped something into my drink! ;)

    2. Re:It's funny and sad... by TeacherOfHeroes · · Score: 5, Insightful

      Its not as if real money is any more tangible when its sitting in a bank account.

      Are things like wow gold really anything more than the electronic equivalent of gift certificates nowadays or banks that printed their own bank notes way back when? Surely the theft of either of those would be taken seriously - I don't see why this should be any different.

    3. Re:It's funny and sad... by mollymoo · · Score: 1

      It's funny and sad...how imaginary pixels can run people's lives to do horrible things in a physical world.

      Is it really any funnier than how photons or pressure waves can influence people? MMOs, Second Life etc. are to some extent a medium for communication between people. People are real, no matter how they communicate.

      --
      Chernobyl 'not a wildlife haven' - BBC News
    4. Re:It's funny and sad... by Klaus_1250 · · Score: 1

      Except the consequence is that if "virtual property" is just like real property, it could be taxed. And you get the bizarre situation that you can be thrown in real jail for crimes against virtual objects and avatars.

      --
      It only takes one man to change the Wisdom of the Crowd to Tyranny of the Masses.
    5. Re:It's funny and sad... by Pikiwedia.net · · Score: 5, Funny

      I'm in big trouble! I've commited murder in numerous games, used weapons of mass destruction in civilization.

    6. Re:It's funny and sad... by DerWulf · · Score: 1

      it baffels me that so many people miss that ...

      --

      ___
      No power in the 'verse can stop me
    7. Re:It's funny and sad... by A+Pancake · · Score: 5, Insightful

      How did this get modded insightful?

      For the most part religious people are brought up to believe their specific religion.

      There is a rather large difference between being raised and indoctrinated to believe something all your life compared to taking a video game seriously.Even the most fanatic 14 year old still knows what he's playing is not real and deep down may know it doesn't matter.

      This has nothing to do with virtual property and everythign to do with some brat teen having a sense of entitlement that preceeds his understanding of consequences.

      The decision wasn't likely "Hey, this is so important to me personally that I need to use violence to achieve this goal" but more likely "Our whole group of friends plays Runescape and if we do this we can be the best and everyone will love us." The only thing virutal property or virtual worlds would have played into it is that the perps may have expected to get off easy if caught because no real property was stolen.

    8. Re:It's funny and sad... by Haoie · · Score: 1

      Yes, but real money can buy real things.

      Online currency can only be used in that medium, to purchase things which have no presence beyond the online community/game/whatever itself.

      --
      If each mistake being made is a new one, then progress is being made.
    9. Re:It's funny and sad... by vux984 · · Score: 5, Interesting

      Its not as if real money is any more tangible when its sitting in a bank account.

      Good point.

      Are things like wow gold really anything more than the electronic equivalent of gift certificates nowadays or banks that printed their own bank notes way back when?

      Not "more". LESS.

      Surely the theft of either of those would be taken seriously - I don't see why this should be any different.

      Because you don't "own" your WoW account. Its not your "property" to start with. You are paying Blizzard for access to THEIR GAME. And according them, everything in your account is THEIRs.

      So if blizzard decides X is too powerful or valuable or whatever they can, at their option, simply remove them from the game, or substitute another item, or change the parameters of the item, etc, etc. And you can't say squat. They can also simply 'ban' you.

      The same simply isn't true of your bank account. Your bank can't just decide you aren't a customer, and close your account. Transfering your funds to another account, or perhaps even just "deleting" them.

      So while we EXPECT the contents of our bank account to be treated as real property. We don't really expect the contents of our WoW account to be held to the same legal standard. And I'm not sure we WANT to.

      If Blizz catches you cheating, and bans you, should you be allowed to sue them for "damages"?

    10. Re:It's funny and sad... by Anonymous Coward · · Score: 0

      Because wow gold is only usable if Blizzard Entertainment says it's usable. In fact, you don't even own it - you're renting it for $15/month.

    11. Re:It's funny and sad... by lysergic.acid · · Score: 4, Interesting

      The boy was kicked and beaten and threatened with a knife while forced to log into Runescape and giving his assets to the two perpetrators.

      so the kid was physically assaulted with a deadly weapon, but the court decided to charge the perpetrators for stealing the victim's Runescape items? is it just me or are the court's priorities just a little screwed up?

      i'd much rather lose some virtual money/items than get stabbed or beat up. christ, the company that runs Runescape can just restore the the items back to the kid who was robbed. heck, they could just create new items to give to him. it's not like it costs them anything to make those items.

    12. Re:It's funny and sad... by 32771 · · Score: 2, Funny

      The parent must have suggested we stick to a one dimensional arrangement of pixels where there is no such thing as an imaginary dimension. Just like you should only use good old fashioned real numbers, everything else is just sinister.

      --
      Je me souviens.
    13. Re:It's funny and sad... by jonbryce · · Score: 1

      Banks can decide they no longer want you as a customer. They do have to give you your money back though.

    14. Re:It's funny and sad... by jonbryce · · Score: 1

      They presumably charged them for armed robbery rather than grevious bodily harm, as it is a more serious offence.

    15. Re:It's funny and sad... by TheoMurpse · · Score: 3, Interesting

      In that case, perhaps we don't make "theft" of online property a crime, but we allow people to sue in tort for it. Tort has always been the great, equitable equalizer throughout history. Why not permit a suit to be filed in this case, too?

      Be careful of slippery slope arguments here. I saw someone above say that treating WoW gold as real could lead to treating avatars as real people. Sure, it could conceivably lead to that result. However, consider this:

      Coveting your neighbor's wife is not illegal. However, murder is. Are we not worried that allowing the ninth commandment of the Christian Bible to be broken will lead to allowing the seventh commandment (prohibition on murder) to be broken. It's silly, but conceivable. In fact, I think it is equally conceivable compared with the theft-and-avatar-murder analogy of the person above.

      The only reason this presents any novel issue of law is the fact that this is done in a virtual world. We must determine what the nature of the virtual world is (i.e., whether actions in the virtual world count as "real" actions, where actions in the world take place in the real world, if they in fact take place at all, etc.).

      Who would have jurisdiction in a case where someone from China plays WoW (say, a server in the US) and kills a Russian player. Which court has jurisdiction? The US, Russia, or China? I would posit that, as the old legal principle of equitable justice says, we should go with what is fairest to all parties involved.

      In this case, we have a corporation that (likely) doesn't give a shit about what happened on their servers from a legal standpoint. Thus, we have a Chinese and a Russian player. Well, we (the US, and presumably most other countries) already have legal doctrines that determine where trials take place in international disputes.

      I'm perfectly happy with a "theft of WoW gold" offense being merely a tort, not a crime.

      If Blizz catches you cheating, and bans you, should you be allowed to sue them for "damages"?

      If the contract/license you enter into with Blizzard when setting up the account doesn't waive your right to sue them for such an act (i.e., through a "revocation of service" or "waiver of claims in tort" clause), then you ought to be able to sue them.

      Can you give me a good reason why you shouldn't be able to? Don't give me the hogwash about "it's their world." Without a license provision, estoppel should give you the right to sue them. The elements of estoppel are:

      1. Defendant induced an expectation on the part of the Plaintiff
      2. Plaintiff relied on the expectation
      3. Were the expectation false, the Plaintiff would be harmed

      It seems to me that in this case, absent a license/contract provision, this would be a textbook example of estoppel.

    16. Re:It's funny and sad... by icebike · · Score: 1

      so the kid was physically assaulted with a deadly weapon, but the court decided to charge the perpetrators for stealing the victim's Runescape items?

      I rather suspect when you dig through all the hype and mistranslation the perpetrators were indeed charged with and punished for the assault rather than the theft.

      But you see, this is slash dot, and that interpretation would not be worth posting about.

      --
      Sig Battery depleted. Reverting to safe mode.
    17. Re:It's funny and sad... by lysergic.acid · · Score: 4, Interesting

      i think that shows how skewed our culture's value system is.

      it's considered worse for a teenage computer geek to hack into a business network our of curiosity, unintentionally impeding commerce for a few days (which the company analysts will claim has cost tends of millions of dollars in damages), than it is for someone to rape or murder another person. the legal punishment for non-malicious curiosity-motivated computer crimes are far worse than the sentences given to violent offenders.

      this seems completely unbalanced to me. do most people really think non-malicious computer crimes (i'm not talking about spamming, spreading viruses, DDoS, etc.) are worse than things like rape/murder/assault/etc? it also seems like the courts treat financial damages to the corporate sector far more severely than murder & rape, the victims of which are usually the poor. what do other think about the relative severity of these different types of crimes?

    18. Re:It's funny and sad... by Anonymous+Brave+Guy · · Score: 0, Redundant

      Yeah, the can of whoop-ass I just opened in Supreme Commander would probably have been considered bad form in real life, too. Admittedly, if I did have the option of flying half a dozen Continentals loaded with Titans and Percivals into the front yard of my nation's current leadership and then letting the bots do their thing, I might have to think long and hard about the ethics of the situation. ;-)

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    19. Re:It's funny and sad... by Anonymous Coward · · Score: 0

      it's considered worse for a teenage computer geek to hack into a business network our of curiosity, unintentionally impeding commerce for a few days (which the company analysts will claim has cost tends of millions of dollars in damages), than it is for someone to rape or murder another person. the legal punishment for non-malicious curiosity-motivated computer crimes are far worse than the sentences given to violent offenders.

      Bullshit.

      Curious hacking from a first time teenage offender is nothing like the commission of a violent crime, nor are the sentences anywhere near as high.

      You have a badly skewed perception of reality.

    20. Re:It's funny and sad... by angel'o'sphere · · Score: 1

      Well,

      you are not very well informed.

      At least in europe 90% of Blizz Eulas are void.

      Ofc, my propertsy is my property, and one thing is for sure: my account and my account credentials, not talking about the virtual itmes my account might have "access to" ... so back to the topic: my 'account' is 'MY PROPERTY'.

      European court ruling, or explicit law is very clear in this. And YES I can sell my WoW account. And that is binding as everything. Blizz is not stupid, read their EULA, they dont prohibit selling, they only state: we don't recognize selling of accounts. If you sell and have trooubel with the buyer, it is YOUR problem.

      Why do so many people think:
      a) companies make law (aka ... you signed EULA, all your "property" belongs to us, muhuhuhua!)
      b) virtual property is not real property? (Hint: shares, money in bank accounts, rights to ground, houses, yield of crops etc.)
      c) regarding this case: someone used force of weapon to get some one else to yield over "stuff" ... thats a crime ... it does not matter wether he had to yield, a bike, a car, his house, his money, his account data to his bank account to his money, his shares, his account data to the institution holding his shares, his account data to the institution holding his game account ...

      angel'o'sphere

      --
      Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
    21. Re:It's funny and sad... by Anonymous Coward · · Score: 0

      Man, if this were like 1940 you'd be edgy as hell. The George Carlin of your time they'd call you.

    22. Re:It's funny and sad... by vux984 · · Score: 2, Insightful

      Can you give me a good reason why you shouldn't be able to? Don't give me the hogwash about "it's their world." Without a license provision, estoppel should give you the right to sue them. The elements of estoppel are:

            1. Defendant induced an expectation on the part of the Plaintiff
            2. Plaintiff relied on the expectation
            3. Were the expectation false, the Plaintiff would be harmed

      It seems to me that in this case, absent a license/contract provision, this would be a textbook example of estoppel.

      At what point does offering access to a game constitute 'inducing an expectation' that the game items you might acquire somehow belong to you? If you pay to join a soccer leage does that create the expectation that when someone passes you the ball that its yours to sell ebay?

      If you join a bridge club, and they deal you a hand, are the cards now yours? Can you sell them? What about selling them to another player at the table? Is that ok? If the host decides not to allow you to do that, is that estoppel? What if the host kicks you out of the club?

      Do minor leagues all over the country need to establish contracts stating that any equipment or items you make or obtain during the game still belong to the club?

      See... a lot of the issues with WoW aren't even 'virtual property issues'. WoW is no different from a physical game in a lot of respects. If I go play a scrabble tournament, the letter tiles I draw aren't mine to sell on the open market.

      Hell, there are even games out there that allow players to trade "game assets"... if I play monopoly I'm actually allowed within the rules to buy property from other players. But even in monopoly I can't just pull out a some US currency when I run out of monopoly money to pay the rent on my turn, nor can I head to Toy-R-Us to pick up a pack of extra monopoly money to fund my Boardwalk purchase.

      I'm not sure why you think WoW should even need a "contract" to enforce what should be an obvious "rule of the game".

    23. Re:It's funny and sad... by vux984 · · Score: 1

      a) companies make law (aka ... you signed EULA, all your "property" belongs to us, muhuhuhua!)

      So if we're playing cards and I deal you a hand, you now legally own those cards? Please explain.

      b) virtual property is not real property? (Hint: shares, money in bank accounts, rights to ground, houses, yield of crops etc.)

      The question really isn't whether its real or not. The question is whether its YOUR property.

      If you join a scrabble tournament, and you draw your seven tiles, are they now your property? When you play monopoly, are the pieces, property, and currency your "legal property"? Of course not.

      When you play Wow, and Blizzard generates a bunch of "equipment" in the game, the fact that its electronic instead of little plastic pieces is essentially irrelevant really. They aren't "yours".

      What makes those bits any different from scrabble tiles, or monopoly pieces?

      c) regarding this case: someone used force of weapon to get some one else to yield over "stuff" ... thats a crime ... it does not matter wether he had to yield, a bike, a car, his house, his money, his account data to his bank account to his money, his shares, his account data to the institution holding his shares, his account data to the institution holding his game account ...

      The crime was that force was used, not that a "theft" occured. If your fellow monopoly player holds you at gun point and makes you hand over the deed to boardwalk, did he just "steal your legal property"?

    24. Re:It's funny and sad... by mysidia · · Score: 3, Interesting

      It seems to me that if someone has given you their username and password, then you implicitly are entrusted with the authority to login and do the things that person can do. Including things like routine maintenance; creation and deletion of avatars.

      Deleting someone's avatar when they don't want it to be done may be despicable, but if they gave the credentials, and failed to explicitly revoke the authorization, it seems the person's access was authorized...

      C++ programmers (MMORPG programmers) will now have to think twice before they "delete" that person object.

      Next thing we'll hear is about game operators being charged with a crime, due to deleting a character, or due to gold msysteriously disappearing from a player's inventory.

      Not to mention the crime of failing to report amounts paid/exchanged in barter with the player on a 1099, when a player obtains or trades item with shops in the game.

    25. Re:It's funny and sad... by angel'o'sphere · · Score: 1

      It is just you.

      The court did not decide to charge the perpetrators for stealing the victim's Runescape items?.

      The court decided for robbery.

      Who cars if they robbed real or virtual items? How would you feel if a gang would wait with rifles in front of your house to hand them over your sons WoW items? There would be no relation to WoW but to the rifles, or not?

      angel'o'sphere

      --
      Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
    26. Re:It's funny and sad... by VoidCrow · · Score: 1

      Online currency can be exchanged for real currency.

    27. Re:It's funny and sad... by Anonymous Coward · · Score: 0

      These "children" should have been charged and convicted of aggravated assault. Simple. The real world is the only place the Danish Court has jurisdiction.

    28. Re:It's funny and sad... by ScrewMaster · · Score: 4, Interesting

      Well, I didn't read the FA, but it sounds like this is probably more about the fact that these two assholes beat and robbed another boy. Even minus the theft, they'd still have been in trouble for assaulting someone, and virtual or not, they took that which did not belong to them.

      It's a bit of a stretch to say, well, it should be taxed because a couple of bullies got charged with stealing it. And the actual crime here occurred in meatspace, not in the virtual environment.

      --
      The higher the technology, the sharper that two-edged sword.
    29. Re:It's funny and sad... by lysergic.acid · · Score: 1

      i probably shouldn't feed trolls, but i'll humor you...

      seems like greed-driven malware writers, spammers, and other digital bottom-feeders go free with a slap to the wrist while harmless teenage hackers get the book thrown at them. from a ZDNet article, "US bill would treat all hackers as terrorists":

      A major anti-terrorism bill now being considered by the US government has been criticised for disproportionately targeting low-level computer intruders, making small crimes punishable by a penalty of life in prison.

      The Electronic Frontier Foundation, the main civil liberties group in the US focussing on the digital world, condemned parts of the Anti-Terrorism Act (ATA) now in Congress, which would treat all computer trespass as terrorism. "Treating low-level computer crimes as terrorist acts is not an appropriate response to recent events," said EFF executive director Shari Steele in a statement. "A relatively harmless online prankster should not face a potential life sentence in prison." ...
      In the US, the EFF criticised the portion of the new bill that adds low-level computer intrusion -- which could be something as innocuous as a teenager having a look around a commercial Web server -- to the list of "federal terrorism offences". Such offences carry penalties of up to life imprisonment, and give investigators broad powers of asset seizure, as well as threatening those who "harbour" offenders.

      meanwhile violent offenders face much lighter sentences:

      • Staff Sgt. Cardenas J. Alban convicted of killing severely wounded 16-year-old Iraqi during fighting in Baghdad's Sadr City neighborhood. Sentenced to one year's confinement, demoted to private and given bad-conduct discharge.
      • Staff Sgt. Johnny Horne Jr. pleaded guilty to unpremeditated murder in same case as Alban. Sentenced to three years in prison, had rank reduced to private and given dishonorable discharge. Horne's prison sentence later reduced to one year.
      • Cpl. Dustin Berg convicted and sentenced to 18 months in military prison for shooting death of Iraqi police officer.
      • Spc. Rami Dajani convicted of making a false statement following fatal shooting of Iraqi translator. Sentenced to 18 months' confinement and given a reduction in rank and bad conduct discharge.
      • Spc. Charley L. Hooser convicted of involuntary manslaughter in same case involving Dajani. Hooser sentenced to three years in prison and given a reduction in rank and bad conduct discharge.
      • Capt. Rogelio "Roger" Maynulet convicted of assault with intent to commit voluntary manslaughter in shooting death of wounded Iraqi. Dismissed from armed forces.
      • Marine Maj. Clarke Paulus convicted of dereliction of duty and maltreatment in case stemming from death of Iraqi prisoner who was dragged out of holding cell by the
    30. Re:It's funny and sad... by atraintocry · · Score: 1

      I think the problem comes in right at number one: Blizzard is not telling you that if you "earn" something in the game, they have to change their rules/policies to prevent you from ever losing it.

      In fact, I'm sure the EULA says the opposite: it's their game and you play by their rules. Even if no part of the EULA is enforceable, you can't accuse them of creating some expectation when they have attempted to give you the opposite expectation.

      Of course, you always ought to be able to sue. But that's basic: you can't say that you ought to not get laughed at for it, or that you ought to get the suit brought into a real court.

      I think people come up with the idea that since they did so much grinding, they "earned" that gold. But IMO if anyone gave them that impression, it wasn't Blizzard.

    31. Re:It's funny and sad... by TheoMurpse · · Score: 2, Interesting

      At what point does offering access to a game constitute 'inducing an expectation' that the game items you might acquire somehow belong to you? If you pay to join a soccer leage does that create the expectation that when someone passes you the ball that its yours to sell ebay?

      The typical legal standard for answering a question like that is "reasonability." I.e., would a reasonable person be induced?

      In your soccer case, a reasonable person would not be induced. In the WoW case, it may actually be true that a reasonable person would be induced. That is precisely the reason we have a jury of peers--to answer as to what is reasonable.

      The answers to the rest of your questions follow straight from this legal theory. I.e., would a reasonable person think a soccer ball kicked to them was theirs? Would a reasonable bridge player think the cards now belonged to them?

      I mean, shit, I didn't even change the legal doctrine at all! You're proposing questions that have been answered by my estoppel doctrine for hundreds of years. Did you think the law never addressed these issues before? My extension into WoW doesn't rely on any modification of the estoppel doctrine.

      As for your analogy to other games, it is possibly distinguishable on the same reasonability issue. I feel pretty safe saying that a reasonable person (as determined by a jury) would not think the tiles in Scrabble are theirs.

      The issue is, as always, Would a reasonable person think that gold won in WoW belongs to them?

    32. Re:It's funny and sad... by TheoMurpse · · Score: 1

      I think the problem comes in right at number one: Blizzard is not telling you that if you "earn" something in the game, they have to change their rules/policies to prevent you from ever losing it.

      There is another legal doctrine (of contract) that states that if two people enter into a contract, one person only has one interpretation of the contract, and the other person knows of two interpretations and knows the other person only knows of the one interpretation, then the "shared" interpretation holds. In this case, if Blizzard knows one interpretation is "gold belongs to the player" and another is "gold is not the player's" and knows that a player thinks the gold belongs to him, then the prevailing interpretation of the contract is "gold belongs to the player."

      Or maybe "gold belongs to the player until WoW gets shut down completely"?

      In fact, I'm sure the EULA says the opposite: it's their game and you play by their rules. Even if no part of the EULA is enforceable, you can't accuse them of creating some expectation when they have attempted to give you the opposite expectation.

      Which is precisely why I said "absent a license/contract provision" in my previous post. A EULA is an end user license agreement.

      Disagree with me if you want. I'm not saying you're wrong. I don't even think I'm right. I'm just engaging in intellectual masturbation.

    33. Re:It's funny and sad... by SL+Baur · · Score: 1

      Yeah.

      Note to self: Must apologize and buy many presents for real world wife after ganking her in our last WoW duel and change password immediately.

    34. Re:It's funny and sad... by SL+Baur · · Score: 1

      Well, I didn't read the FA

      There were several articles linked. Go back and read them, they're all worth the time spent.

      The shocker for me was the lady in Japan arrested and jailed for griefing a recently "divorced" (the "marriage" was all in-game) partner in a game which I presume is a Japanese equivalent to Second Life. She logged into his account and I presume, deleted all his stuff. That's ++ungood, but jail and after he gave her his password? WTF?

    35. Re:It's funny and sad... by SL+Baur · · Score: 1

      The same simply isn't true of your bank account. Your bank can't just decide you aren't a customer, and close your account. Transfering your funds to another account, or perhaps even just "deleting" them.

      That's not how things work any more and haven't for a long time.

      They absolutely can lock your money up away from you. On a recent trip home, when I bought my wife a Macbook, I later got a threatening email message (fortunately I was checking email, I do not usually do so) from my Credit Union saying they were going to immediately suspend my account due to suspicious activity on my account[1]. It took a very expensive international phone call to clear things up.

      I'd do banking in the Philippines instead of the US, the banks there are probably every bit as sound if not sounder than banks in the US, but they won't let me. :-(

      [1] The idiots did not even bother to check their own records to see the PAL tickets I had purchased a few weeks previous. Nor the fact that that was NOT the first computer I had purchased in Manila on that card. Sigh.

    36. Re:It's funny and sad... by SL+Baur · · Score: 1

      They do have to give you your money back though.

      Maybe in free countries. In the US, check the fine print on the "Patriot" Act. I do not believe they have to any more.

      US banks "froze" accounts in Iran in the 1970s, and accounts of Japanese immigrants in the 1940s to name two examples. It's not like there is any precedent here.

    37. Re:It's funny and sad... by SL+Baur · · Score: 1

      Coveting your neighbor's wife is not illegal. However, murder is. Are we not worried that allowing the ninth commandment of the Christian Bible to be broken will lead to allowing the seventh commandment (prohibition on murder) to be broken. It's silly, but conceivable.

      It's not silly at all. The automatic suspect in a suspicious murder of a married person is the spouse. In an overwhelming number of cases, that is a correct suspicion (hi Hans!).

      I'm not sure where you are trying to go in the rest of your post, but that was probably the worst "slippery" slope counterexample I've ever read. Marital infidelity (real and/or perceived) has caused endless hardship and strife. Marital strife often leads to murder.

      If I am ever found dead in suspicious circumstances, immediately have my ex-wife extradited - she had someone do it. She threatened to do that often enough when we were married.

    38. Re:It's funny and sad... by SL+Baur · · Score: 1

      But even in monopoly I can't just pull out a some US currency when I run out of monopoly money to pay the rent on my turn, nor can I head to Toy-R-Us to pick up a pack of extra monopoly money to fund my Boardwalk purchase.

      Bad example. Buying WoW gold is like giving real money to someone in the game in exchange for monopoly money to make your Boardwalk purchase. I'm not sure the rules of Monopoly prohibit that. The rules of WoW prohibit the purchase of in-game assets in that fashion.

    39. Re:It's funny and sad... by Anonymous Coward · · Score: 0

      "
      Because you don't "own" your WoW account. Its not your "property" to start with. You are paying Blizzard for access to THEIR GAME. And according them, everything in your account is THEIRs.
      "

      Because you don't "own" your bank account. Its not your "property" to start with. You are paying the bank for access to THEIR ACCOUNT. And according them, everything in your account is THEIRs.

    40. Re:It's funny and sad... by Vastad · · Score: 4, Interesting

      What do you mean no presence? And why would you focus on the virtual goods or currency itself? Why ignore the context?

      Would you tell thousands of players of MMOs that their sense of fair play is misguided because players that use gold farming services and items bought with "real" currency don't have a "presence" in the real world?

      What about how these gold farming services are provided? Does anyone actually know how its done? How do we know there isn't some sort of sweatshop set-up in some neighbourhood in Guangdong where the "farmers" toil at a desk with no worker's rights and no health plans of any sort and being paid a pitiful percentage of what's charged?

      real money can buy real things

      What does "real money" represent? It's a unit representation of our time and labour which we then exchange for goods and services. So just what do you think people going to gold farming services are buying? They are paying for time and labour of course! Just so they don't have to invest their own. How is the time and labour invested to get that certain mount or special weapon in an MMO "not real" in meatspace? Isn't it obvious why honest players are in uproar and how some brat teen doesn't want to work that hard?

      As VoidCrow says, if you have a huge surplus of virtual currency, you can sell it for real currency. I'd say that qualifies for presence beyond the game itself. If it didn't, gold farming services wouldn't be profitable. I don't understand why you were modded up at all.

    41. Re:It's funny and sad... by Saffaya · · Score: 1

      Your country an also decide at will to spoil you from your 'real' money.
      Like when the US banned the ownership of gold ... (the metal, not any virtual currency)

    42. Re:It's funny and sad... by Khyber · · Score: 0

      "If you join a scrabble tournament, and you draw your seven tiles, are they now your property? When you play monopoly, are the pieces, property, and currency your "legal property"? Of course not."

      Yes they are. They are legally mine (by game rules) until they are played and out of my control. For anyone else to attempt to peek or steal a tile or faux dollar would be CHEATING, which by most societal standards is a big ++ungood no-no.

      Most any court would look at (besides the obvious assault,) the fact that time and effort was expended (hereafter referred to as 'work') and said work had the payment of said virtual property. He was deprived of what he gained through his work through unjust and unfair means (not to mention just outright insufferable,) and as such, any criminal system would find for the victim.

      Unless we're in some bizarro world of yours where things like rules and cheating and game structure have no existence or meaning.

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    43. Re:It's funny and sad... by rtb61 · · Score: 1
      The tricky part is not the value of the virtual goods but the value input by the user in terms of subscription fees, time and equipment costs. Whilst the goods might be virtual, the user inputs are not and have real value. In this case based upon the article the penalty was extraordinarily lenient, considering the victim felt that their life was threatened and, it was armed robbery and assault.

      The perpetrators of the crime would would also seem to lack any degree of normalcy considering their reported willingness to resort to extreme criminal activity to steal, virtual goods, which they could achieve just by playing a game ie, they valued another humans life as less than the value of imaginary digital goods, what would they be willing to do for goods of real tangible value?

      --
      Chaos - everything, everywhere, everywhen
    44. Re:It's funny and sad... by Anonymous Coward · · Score: 0

      In a sense you're right. They have a *contractual* obligation to give money equal to your bank account, paired with some legal obligations. You just view it that way, because it's convenient.

    45. Re:It's funny and sad... by Hertzyscowicz · · Score: 1

      Let's look at the bright side, shall we? At the very least there was a real world component, and a pretty despicable one at that, to the theft of virtual property. Still, RuneScape items don't represent a real monetary investment since playing the game is free and real-world trading is forbidden by the rules and made difficult by the game mechanics, so real-world mugging someone for the items is idiotic even for a real-world mugging.

      When I read the title I was half afraid that this was about someone being successfully sued for pickpocketing a Big Freakin' Sword +4 in-game. Fortunately that precedent is yet to be set.

    46. Re:It's funny and sad... by Anonymous Coward · · Score: 0

      Being Dutch, let me comment on this. The kids were sentenced for "aggrevated theft".
      Sure, there are laws that cover theft without assault and assault without theft, but why not use the law that's specific to this kind of crime?

      Now, part of the confusion stems from the precedent. To convict the kids, theft and assault needed to be proven. The theft part was obviously harder, with the goods being virtual. But the courts extended the 1921 definition of theft, from a case about the (non-violent) theft of electricity. As long as the good taken was controllable by humans, and no longer available to the victim, it could count as stolen.

    47. Re:It's funny and sad... by liledevil · · Score: 3, Insightful

      Message from the netherlands, and this has been in the news for a couple of days over here as well.
      The i aint going into whether or legal system is good, if our priorities are screwed up, whether our sentences are too high or too low, but just a little feedback from the dutch sources.
      please dont hold me for not using the proper words for everything, i will try to explain this as good as I can.
      The sentence the 2 boys got was for stealing property with violence.
      The motivation of the judge was that like with real-life property you had to go thru some kind of effort to obtain these items and being able to use them afterwards, therefor it is property and had some kind of value(ingame gold, status, emotional)
      His motivation for calling it theft was that the boy who got beaten and threatened wasnt able to use the "property" after this, saying his property wasnt within reach for him and therefor stolen.

      I hope this clearifies any questions about how the judgement was made.

      sources(in dutch):
      http://games.fok.nl/news.php?newsid=27831
      http://tweakers.net/nieuws/56315/jongeren-veroordeeld-tot-werkstraffen-wegens-diefstal-virtuele-goederen.html
      http://webwereld.nl/articles/53099/taakstraf-ge-ist-voor-digitale-diefstal.html

    48. Re:It's funny and sad... by L4t3r4lu5 · · Score: 1

      You seem to like analogies, so here's one for you.

      You play your game of Scrabble, win, and at the end you get a trophy. This trophy allows you to draw three random tiles from the bag to enhance any word on the board once per game. You won this by playing many, many games and becoming a very good Scrabble player. It's essentially why you played so much; To get that particular bonus during gameplay.

      Now, one day you return to the same place to play Scrabble, and instead of this Trophy allowing you the benefit you worked very hard for, it now allow you to not wear the Official Club jumper during Club play. You've essentially had your bonus stripped from you because someone else decided it should be so.

      Is it fair?

      --
      Finally had enough. Come see us over at https://soylentnews.org/
    49. Re:It's funny and sad... by akozakie · · Score: 1

      That's the bigger crime here, sure, but I don't agree with you - it's not just /. skew. The assault part of the case is simply not that interesting - a routine charge. The important fact is, that while no "real" property was stolen, the attack was classified as robbery. In other words, they got punished for both assault and theft.

      IMO this is important, because it opens the path for prosecution of virtual theft, even if not accompanied by assault. In other words, the judges seem ready to treat hacking an account to transfer gold or whatever not just as illegal access to the account, but also as theft.

    50. Re:It's funny and sad... by Lars+T. · · Score: 2, Interesting

      Most countries have (often quite recently) added hacker paragraphs to their criminal law which make deletion, manipulation or even plain access to somebody else's (private) data against their will an offense. Even if he gave her the password, he didn't want her to access his account anymore. Yes, it was stupid not to change the password (just like it is stupid to break up with a girlfriend and tell her to simply leave the key to your apartment you gave her in the mail box) - but stupidity is not a crime nor is the stupidity of the victim a good defense.

      --

      Lars T.

      To the guy who modded me down from perfect to terrible Karma - Apple haters still suck

    51. Re:It's funny and sad... by Lars+T. · · Score: 1

      Except the consequence is that if "virtual property" is just like real property, it could be taxed. And you get the bizarre situation that you can be thrown in real jail for crimes against virtual objects and avatars.

      Well, "virtual property" may well be taxable, but its actual value is probably much too small to bother. Just like nobody is going to bother to tax you for owning a (cheap) watch - yet if somebody steals it from you, he still goes to jail.

      --

      Lars T.

      To the guy who modded me down from perfect to terrible Karma - Apple haters still suck

    52. Re:It's funny and sad... by JosKarith · · Score: 1

      Damn my lack of real mod points atm - here have a (virtual) +1 (Insightful).

      --
      'Don't worry' said the trees when they saw the axe coming, 'The handle is one of us.'
    53. Re:It's funny and sad... by JosKarith · · Score: 2, Insightful

      So... if you break up with someone and they use the house key you forgot you gave them the time that you needed them to water your plants to break in and cut the crotch out of all your clothes and pour bleach in all your plant pots you'd be fine with that. Cos' you know, you gave them that key - so you gave them implicit permission to leave a fresh steming turd under your pillow...
      The guy in this story forgot 1 basic rule - if you break up with someone, no matter how amicable it is, change _all_ your passwords. Amicable is all well and good but drunk lonely people do stupid things at 3am.

      --
      'Don't worry' said the trees when they saw the axe coming, 'The handle is one of us.'
    54. Re:It's funny and sad... by Anonymous Coward · · Score: 0

      They were not charged with theft, but with robbery which is exactly the important difference. Robbery takes into account the violence used.

    55. Re:It's funny and sad... by Overzeetop · · Score: 1

      I don't know; unlike IP "theft" (which the summary implies), what was stolen was somthing which the victim (1) clearly worked to achieve, and (2) was deprived of following the theft. In other words, the taking was of a scarce resource. Had they stolen a copy of his MP3 collection (thus not depriving him of the use of the collection), I suspect the assault would probably have been the correct prosecution.

      --
      Is it just my observation, or are there way too many stupid people in the world?
    56. Re:It's funny and sad... by delt0r · · Score: 2, Informative

      So if i beat the crap out of you till you *give* me your PIN number, I then have permission to take the money?

      FTA, beatings were involved.

      --
      If information wants to be free, why does my internet connection cost so much?
    57. Re:It's funny and sad... by mysidia · · Score: 1

      I'm referring to the case of this woman in Japan, who received the credentials legitimately, not the case where anyone was forced to give out credentials that were then used to access their account.

      So if i beat the crap out of you till you *give* me your PIN number, I then have permission to take the money?

      No. Then you go to jail, because the beating is illegal assault, the access was unauthorized, and the credentials taken by force.

      It should be up to the administrators of the online world/game, though, to say the access was unauthorized, and push for charges or not. This is different from a bank account, where you actually legally own something the bank is holding on your behalf, and someone logging into your account literally commits the fraud of pretending they are you, when they steal things you are the legal owner of.

      Whereas, when you play an online game, or enter an online world, the operators of the game legally own everything, including your gear and your character.

    58. Re:It's funny and sad... by delt0r · · Score: 1

      I'm referring to the case of this woman in Japan.....

      Sorry, missed that. My bad.

      This is different from a bank account, where you actually legally own something the bank is holding on your behalf...

      Case in point, this is not always so. In some countries at least, the bank owes you money, but they money they have is theres. Thats why you can't tell them who and who not to lend money too (ie what to do with your money, cus its not yours).

      --
      If information wants to be free, why does my internet connection cost so much?
    59. Re:It's funny and sad... by Thing+1 · · Score: 1

      I agree with everything you say, except the last four words: the GP was not modded, at the time I read your post, which was about 2 minutes ago.

      --
      I feel fantastic, and I'm still alive.
    60. Re:It's funny and sad... by Anonymous Coward · · Score: 0

      I'd prefer using a Monkeylord or two :P

    61. Re:It's funny and sad... by svenveer · · Score: 2, Informative

      "virtual or not, they took that which did not belong to them" Which was exactly what the court considered. Under dutch jurisprudence a "good" is something that is "owned by" someone and that has a value to the person that owns it. This value is not necessary a monetary value as in the case of virtual objects. The fact that the virtual items are considered goods constitutes the crime of robbery (larceny aggravated by force).

    62. Re:It's funny and sad... by kabocox · · Score: 1

      So if blizzard decides X is too powerful or valuable or whatever they can, at their option, simply remove them from the game, or substitute another item, or change the parameters of the item, etc, etc. And you can't say squat. They can also simply 'ban' you.

      The same simply isn't true of your bank account. Your bank can't just decide you aren't a customer, and close your account. Transfering your funds to another account, or perhaps even just "deleting" them.

      I'm kinda waiting for the first class action lawsuit against Blizzard to stop them from acting like that and forcing them to act more like a bank in some respects. I'd have to laugh and cry about it, but you know its only a matter of time before it happens.

    63. Re:It's funny and sad... by murdocj · · Score: 1

      Well, if you trade "in game" gold for real live cash, that ought to be taxed. What's the difference between doing that and EBay'ing any other item?

      If you never cash in your virtual gold, it shouldn't have any impact, the same as if you play any game for fun but don't realize any money. I have trouble believing that it's ever going to come down to having to file a virtual income tax statement ("income: 25,000 gold; expenses: flying mount, 5,000 gold, helm of the uber avatar, 1,500 gold, ...)

    64. Re:It's funny and sad... by kabocox · · Score: 1

      so the kid was physically assaulted with a deadly weapon, but the court decided to charge the perpetrators for stealing the victim's Runescape items? is it just me or are the court's priorities just a little screwed up?

      Nah, I'm sure the local cops charged them with a whole string of offenses. What got reported as an attention getting headline was that one bit about stolen game property. Nothing to see, move along.

      If my local cops took a theft of property report from you, you and they could certainly fill out the form with items from an online game. The cop is just humoring you though. Where it really comes to play is when they actually have some one to arrest like these kids with a whole string of "real world" offenses. Then they can pad on all the extras like these in hope that something sticks. The judge and lawyers might not really take it seriously, but if it was the object of theft and assault was done for it; you'd bet damn well that the cop will mention in his narrative on his report and the lawyers will bring it up some time during the trial.

      I could see both sides lawyers thinking "these kids were so stupid to commit assault and then theft of worthless very traceable virtual items as well."

    65. Re:It's funny and sad... by ScrewMaster · · Score: 1

      Under dutch jurisprudence a "good" is something that is "owned by" someone and that has a value to the person that owns it.

      One man's garbage ...

      --
      The higher the technology, the sharper that two-edged sword.
    66. Re:It's funny and sad... by mdwh2 · · Score: 1

      I agree that if it's true that they solely prosecuted them for the "theft", not the assault, it's ridiculous, but I'd be way of trusting the article, as it doesn't give sources, nor state exactly what crime they were charged with.

      Do you have a source that the crime was "stealing the victim's Runescape items"?

      Note that many crimes actually treat a theft and assault/threat together - it's why rather than just one generic "theft" crime, we have things like mugging, armed robbery, shoplifting, burglary.

      If someone's being threatened for something, I'm not sure that the fact that it's easily replaceable changes the nature of the crime.

    67. Re:It's funny and sad... by VeNoM0619 · · Score: 1

      christ, the company that runs Runescape can just restore the the items back to the kid who was robbed.

      Sadly, they don't. The company (Jagex) is slipping in customer support as the company 'grows' (too many people to help with too few staff), they have a valid reason not to restore the items though (too much effort, can't determine if its the rightful owner, etc.).

      Although, now you can no longer trade/give items as quickly, so forcing someone to log in/hacking their account and giving their entire bank of items is impossible, but some saw this as a bad thing, and hate them for it. If it prevents physical violence issues like this, then maybe it was for the greater good... The company has balls to try new things, I'll give them that much.

      --
      Disclaimer: I am not god.
      We may not be created equal
      But we can be treated equal.
    68. Re:It's funny and sad... by smooth+wombat · · Score: 1, Troll

      So if i beat the crap out of you till you *give* me your PIN number, I then have permission to take the money?

      According to Antonin Scalia, police can do just that so why not allow the average citizen to be able to do the same? In fact, Scalia has said that it's perfectly acceptable for police to smack someone around to gain information because it's not punishment for not giving police the information they want. So again, if it's good enough for the police, it's good enough for the average citizen.

      Ok, this case doesn't take place in the U.S. but don't worry, I'm sure something like this will turn up eventually.

      --
      We will bankrupt ourselves in the vain search for absolute security. -- Dwight D. Eisenhower
    69. Re:It's funny and sad... by NiteShaed · · Score: 1

      Deleting someone's avatar when they don't want it to be done may be despicable, but if they gave the credentials, and failed to explicitly revoke the authorization, it seems the person's access was authorized...

      So what if she were an admin and decided to delete a project from her company's source repository because she was mad at the project manager? Just because you have the access and ability to do something doesn't mean you're authorized to do anything you want.....

      --
      Some bring out the best in others, some the worst. Some bring out far more.
    70. Re:It's funny and sad... by Anonymous Coward · · Score: 0

      and sad how an author writes headlines suggesting that theft of virtual property has been penalized, when it was assault and battery...

    71. Re:It's funny and sad... by Sloppy · · Score: 1

      It seems to me that if someone has given you their username and password, then you implicitly are entrusted with the authority to login and do the things that person can do.

      FREE KEVIN!

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    72. Re:It's funny and sad... by Anonymous Coward · · Score: 0

      Because you don't "own" your WoW account. Its not your "property" to start with. You are paying Blizzard for access to THEIR GAME. And according them, everything in your account is THEIRs.

      "According to them" is not the same as "according to the government".

      I suppose it could be covered in the EULA, but even those haven't been really tried in court. Actually... I should say hasn't been tried in "American" court.

      Its quite possible that a foreign court or governmental could rule against a US company EULA invalid and award the rights of the virtual property to the player.

      Just because the company claims so, doesn't make it legally so in all jurisdictions. It really hasn't come up until now and we can't just use the EULA excuse until a major precedent has been set.

      Who knows... The SEC might step in the next decade and force companies to regulate virtual properties much like the handle stocks and bonds. It might not of course.

      Of course, if enough people (or an important person) lost enough real world money through a online game scam and lost his virtual property and complained to the right people we could see laws changed or enforced on this.

      It is just too early to tell.

    73. Re:It's funny and sad... by angel'o'sphere · · Score: 1

      Rofl,

      your points make absolutely no sense. What has "handing out a deal" or "playing scrabble" to do with property? Nothing, imho.


      When you play Wow, and Blizzard generates a bunch of "equipment" in the game, the fact that its electronic instead of little plastic pieces is essentially irrelevant really. They aren't "yours".

      Why? You fail completely to give a reason, why it should not be my property. Of course it is.

      Suppose you you rent an account to a "virtual world" called web space. Yes, a simple root server ;D
      Suppose you connect to that world via SSH, yes you don't need a special game client in my simple example ...
      Suppose you wander around (use cd for example) with your character (type who ... so you see what your character is ;D) ...
      Suppose you touch or make something in your virtual world ... probably you only edit a web page and real people elsewhere can read it with a web browser ...

      So? You do all that in a rented computer, the storage, the memory, the bits and bytes, the software you use, you own nothing from that. Exactly as if you would be in an online world! However: for you it is completely clear that you own all the text and html files you have created with those tools which you do not own.

      Where is the difference wether I use a drawing software or authoring software (e.g. Dreamweaver) and the tools that software gives me to craft a work piece and then I upload that work piece, some html files to my server or I work on a server, visualized via an avatar, crafting with my tool black smith hammer a work piece chest armor and I do that on an rented server in other words: in a virtual world?

      There is no difference!! Online Game companies OWN the code of their software, they OWN the design of their world and the artifacts in the world. They OWN in programmer terms the code for the Java/c++ classes, and the "code" for the configurations and the "model code" of 3D animations, the "textures" etc.

      They don't OWN your data. They don't own the objects you instantiate using above mentioned classes (code). They don't own the records written into their DB when you log off and your char gets saved, they only own the hardware on which the DB is running.

      The data you create is yours. Just as in the examples above. Your character is data, the virtual property of your character is data, the abilities of your character is data. You pay your monthly fee to get your data hosted and to have access to your data.

      As I said in my post before ... in germany accounts in games are ebayed every day, in fact that is the case in whole europe. In the EUROPEAN EULA of Blizzard e.g. account trading is not prohibited (no idea about USA), the only point Blizzard makes is (simplified): if a person P buys from a player A, and pays, but player A does not yield over the account, then Blizzard does not feel obliged to recognize that as a valid legal deal. In other words: when Mr. P comes to Blizzard and asks to get the account handed over Blizz won't do anything. Not really a problem, as P simply can go to a court. If he has his proves he likely would win the case. No court would dismiss such a case just because it involves "only an account".

      Well, I don't "make this up" there are plenty of articles in german magazines (computer magazines like the c't, or gaming magazines) where this issues got often enough discussed.

      Following your logic that a game company owns your data would mean that Oracle owns nearly half of the worlds companies data, and IBM the rest of the worlds companies data.

      It would also mean your bank owns your money as it is only bits and bytes in your banks computer, which is owned by the bank.

      angel'o'sphere

      --
      Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
    74. Re:It's funny and sad... by vux984 · · Score: 1

      The issue is, as always, Would a reasonable person think that gold won in WoW belongs to them?

      The was precisely the reason I brought up the other games - because the precedents are so very clear.

      A reasonable person who considers the situation in WoW in the context of it being a game, would not think items 'dealt to them' on the WoW servers belonged to them in the sense of being 'their legal property', and would recognize them as merely game tokens that form a record of their position/status/achievements in the game they are paying to play, no different than monopoly tokens in a game of monopoly (played physically or played online).

      Now, on top of that, WoW has gone to considerable lengths to communicate that this is in fact the situation in their EULA, Terms of Use, etc, etc.

      There is simply no way you can make the argument that WoW has some how created or induced a false expectation here. If anything, they are bending over backwards to be absolutely clear on the point.

    75. Re:It's funny and sad... by Anonymous Coward · · Score: 0

      i think that shows how skewed our culture's value system is.

      If that's your angle, I have another one for you: why is it that attempted murder is punished less severely than murder? Are we, as a society, rewarding ineptitude?

    76. Re:It's funny and sad... by vux984 · · Score: 1

      You can't possibly be equating their policy of suspending access to your account because their fraud detection software alarms went off with the outright theft of your money.

      Clearly they did not have the intention of depriving you of your money.

      AS you said yourself: it took one phone call, to sort the issue out.

    77. Re:It's funny and sad... by TheoMurpse · · Score: 1

      the precedents are so very clear

      Precedents matter only when determining legal issues, not fact issues. "Reasonability" is a fact issue, not a legal issue. Thus, precedent does not matter.

      Now, on top of that, WoW has gone to considerable lengths to communicate that this is in fact the situation in their EULA, Terms of Use, etc, etc.

      I'll say it again. absent a license/contract provision . . .

      There is simply no way you can make the argument that WoW has some how created or induced a false expectation here. If anything, they are bending over backwards to be absolutely clear on the point.

      I'll say it again. absent a license/contract provision . . .

    78. Re:It's funny and sad... by vux984 · · Score: 1

      Bad example. Buying WoW gold is like giving real money to someone in the game in exchange for monopoly money to make your Boardwalk purchase. I'm not sure the rules of Monopoly prohibit that. The rules of WoW prohibit the purchase of in-game assets in that fashion.

      Right. The rules of monopoly don't prohibit that because it assumes the people you are playing with aren't morons. The rules of monopoly implicitly prohibit this.

      Try it next time you play monopoly at a friends house, bring some extra monopoly money from home and set it down in front you when you start to play. When they call you on it, you can try your argument that nowhere is it expressly prohibited in the rules; let us know how that works out. :)

    79. Re:It's funny and sad... by vux984 · · Score: 1

      Yes they are. They are legally mine (by game rules)

      Don't conflate "legally yours by the rules of the game" with "legally yours with respect to property law".

      They aren't the same thing.

    80. Re:It's funny and sad... by vux984 · · Score: 1

      Is it fair?

      Seriously?

      What if they changed the rules for getting the trophy and issued everyone one, nullifying your advantage? What would you do if they up and decided to start playing chess instead of scrabble going forwards? What if they closed the club down entirely?

      Is any of that "fair"? Do they now owe you money? Should someone go to jail?

    81. Re:It's funny and sad... by vux984 · · Score: 1

      Precedents matter only when determining legal issues, not fact issues. "Reasonability" is a fact issue, not a legal issue. Thus, precedent does not matter.

      Yes, I understand that precedents are only BINDING when determining legal issues. But insofar as discussing how a question of fact might be resolved, its not improper to discuss how 'reasonability' was determined in previous cases.

      That's all I'm asking for or doing here.

      I using them to explaining WHY I think a reasonable person would find that there would be no expectation of ownership, by comparing it other "game piece" examples where we all clearly agree.

      If you want to disagree please explain why WoW's game pieces are somehow different. And why you think WoW induces the expectation of ownership.

      I'll say it again. absent a license/contract provision . . .

      Understood. However, you must acknowledge that a license/provision does in fact exist. And in the real world case of WoW (as opposed to a hypothetical case where one does not exist) this -must- be considered.

      If we were to reach an impasse in the hypothetical case, finding that a reasonable person could go either way, then the license/provision in the real case surely puts it over the edge.

      After all, what more could WoW really do to clarify their position?

    82. Re:It's funny and sad... by Anonymous Coward · · Score: 0

      Oh, please. You're the troll.

      The "good samaritan" was no such thing, and your examples of "light" sentences for violent crimes are all magically military officers. There is no basis of comparison on the merits, and even if there were, your disingenuous pairing selects the newsworthy extremes of both categories, artificially inflated the divide.

      In short, you're an idiot, with no statistics whatsoever on the criminal justice system, and with some bizarre alternate reality where hacking into secure military, corporate, and financial systems is somehow "innocent curiosity". Innocent curiosity is no excuse for doing something you know you have no permission or right to do, whether it's accessing sensitive information or assaulting someone.

    83. Re:It's funny and sad... by skeeto · · Score: 1

      Under dutch jurisprudence a "good" is something that is "owned by" someone and that has a value to the person that owns it.

      Given the context of the conversation, don't you mean "pwned by"?

    84. Re:It's funny and sad... by TheoMurpse · · Score: 1

      But insofar as discussing how a question of fact might be resolved, its not improper to discuss how 'reasonability' was determined in previous cases.

      I'm fairly confident you're wrong (although I've never actually tried a case before, I have taken Evidence--let's hope that B+ helps me out here). Let me walk you through it:

      The lawyer cannot discuss an issue like how a jury in another trial decided an issue unless he has introduced that fact as evidence.

      Ignoring FRE 401 issues of relevancy (under which another decision in another case would probably be ruled irrelevant), you'd presumably bring such a prior decision in through the testimony of an expert witness (you definitely would not use a lay witness). However, an expert witness cannot tell the jury the answer to an ultimate issue at a trial. As one of the elements of estoppel is "reasonability of an actor," a witness could not testify as to whether the actor was reasonable or not.

      See FRE 704(b):

      No expert witness testifying with respect to the mental state or condition of a defendant in a criminal case may state an opinion or inference as to whether the defendant did or did not have the mental state or condition constituting an element of the crime charged or of a defense thereto. Such ultimate issues are matters for the trier of fact alone.

      you must acknowledge that a license/provision does in fact exist

      I do. And as I said before in the same thread,

      I'm just engaging in intellectual masturbation.

      I agree with you. In our hypothetical case, Blizzard is covered. However, it's a really boring case. So I spiced it up by saying "absent a license/contract provision."

    85. Re:It's funny and sad... by vux984 · · Score: 1

      your points make absolutely no sense. What has "handing out a deal" or "playing scrabble" to do with property? Nothing, imho.

      Because unlike in WoW, in scrabble, you actually get real property put into your hands, yet as you agree, doing so has NOTHING to do with transfering the property with respect to property rights.

      My point is precisely that. When you get WoW gold added to your account, it is as meaningless with respect to legal property rights as putting a scrabble tile in your hand.

      Suppose you you rent an account to a "virtual world" called web space. Yes, a simple root server ;D
      Suppose you connect to that world via SSH, yes you don't need a special game client in my simple example ...
      Suppose you wander around (use cd for example) with your character (type who ... so you see what your character is ;D) ...
      Suppose you touch or make something in your virtual world ... probably you only edit a web page and real people elsewhere can read it with a web browser ...

      I'm with you so far.

      So? You do all that in a rented computer, the storage, the memory, the bits and bytes, the software you use, you own nothing from that. Exactly as if you would be in an online world!

      Agreed.

      However: for you it is completely clear that you own all the text and html files you have created with those tools which you do not own.

      Whoa there. That would generally be correct, but your agreement with your webhost applies. Consider that something you write at work on work equipment can be found to belong to the company if they decide to try and assert ownership over it. Similarly writing something on a blog may or may not belong to you. Similarly writing something on a webhost may or may not belong to you... although in the case of webhosts they would generally assign all copyrights to you.

      In any case, your ownership of what 'you created' cannot and should not be automatically assumed.

      The data you create is yours. Just as in the examples above. Your character is data, the virtual property of your character is data, the abilities of your character is data. You pay your monthly fee to get your data hosted and to have access to your data.

      Suppose you are playing a game of monopoly online; the game data recording which properties you hold, how much money you have, whether you have a get out of jail card, your houses and hotels, and where your piece all represents a 'creative work by you'?

      And that therefore, you are now the 'legal owner' of this information, and legally entitled to ebay your get out of jail card to another player?

      Does this apply to the physical game too? If we are playing monopoly does the collection of cards, and currency in front of you represent your creative work? Do you now have the legal right to ebay your monopoly money to other people? Of course not.

      At most, you can argue that the arrangement of the pieces in front of you is a creative work, but that doesn't give you any rights to the pieces themselves.

      Your wow account is little more than your monopoly account. It holds more stats, but its little more than a record of your achievements in the game. In terms of artistic creativity, it pretty much stopped after you chose your name. Again you could argue some creativity over the how things are arranged... perhaps you arranged your bank inventory into a flower pattern or something... and sure you could argue you own that design I guess. But that doesn't give you the right to sell the pieces.

      (Just as creating a mosaic from some photographs gives you rights to the mosaic but you still can't sell it because you don't own the underlying photos its composed of.)

      As I said in my post before ... in germany accounts in games are ebayed every day,

      They are ebayed everywhere. That doesn't make it legal. I'm not sure what level of

    86. Re:It's funny and sad... by vux984 · · Score: 1

      The lawyer cannot discuss an issue like how a jury in another trial decided an issue unless he has introduced that fact as evidence.

      Right, but we -can- discuss it -here-. :)

      The question is: "what would a reasonable person expect in terms of ownership from playing WoW".

      In a case, you don't get to "tell them" what is reasonable, but for this intellectual exercise, we can debate what their thought processes would be for determining it for themselves.

      Pointing out to -you- what has occured in previous cases is simply me providing supporting evidence for how -I- think a reasonable person would come to a determination.

      I agree with you. In our hypothetical case, Blizzard is covered. However, it's a really boring case. So I spiced it up by saying "absent a license/contract provision."

      My impression was that absent a license/contract provision, you believe a reasonable person would think they owned the pieces. I disagreeing with that position, and have been attempting to communicate why someone who considered it thoughtfully would likely ultimately conclude they do not.

    87. Re:It's funny and sad... by TheoMurpse · · Score: 1

      My impression was that absent a license/contract provision, you believe a reasonable person would think they owned the pieces.

      I'd like to make a fine distinction. I don't think it's reasonable. However, I think it's possible that a jury comprised of twelve US citizens would think it's reasonable.

      If I didn't make that clear, then that's my fault.

      But on a relevant but also not-relevant note, if the gold/weapons don't belong to you in the game, what is your recourse when someone does what happened in the Netherlands? How do you get compensated for the damage done to your character?

      I mean, if you've put in hundreds of hours toward attaining something and then it's taken from you, shouldn't you be able to get it back?

      Complain to an indifferent corporation? I think the existence of lawsuits demonstrates that the United States citizenry and polity disagree with this concept--were it possible to remedy injuries by mere protest to corporations, lawsuits against corporations would be impermissible.

      The law recognizes that (absent a lawsuit) companies are not responsive to injured parties most of the time that they "ought to" be to make the injured "whole again." My concern is that if we do not agree that this is actual property belonging to the player, then there is no recourse for this.

      As such, if you could sell your character for $500 on eBay but someone forces you to transfer all your treasure/gold/whatnot away and the value of your character plummets, have you not lost something of value for which you should be able to obtain restitution (either in the form of damages or specific performance)?

      And if we acknowledge that you can sue someone for causing such damage to you, how is the Blizzard case (absent a license/contract provision) any different? It is yours, after all, under the presumptions of the previous paragraph...

      I suppose we could say that you and Blizzard are tenants in common of the in-game property or something. Or perhaps you are the tenant and Blizzard is the lessor. If someone deprives you of your rental car, they can be sued, I'm sure. However, I'm not sure whether the lessor or lessee would have to initiate the suit, and this could prove problematic if it's the lessor's (Blizzard's) responsibility to sue. I doubt they would sue for something so trivial. And only in an ideal world would corporations be 100% responsive to these issues.

      However, the license/contract provision saves Blizzard (and us) the trouble of having to hammer out legal doctrine in this case.

    88. Re:It's funny and sad... by Khyber · · Score: 1

      Remember this phrase:

      "Possession is 9/10 of the law."

      It gets used quite often in many court cases worldwide, and it's being used in this one.

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    89. Re:It's funny and sad... by vux984 · · Score: 1

      I'd like to make a fine distinction. I don't think it's reasonable. However, I think it's possible that a jury comprised of twelve US citizens would think it's reasonable.

      Fair enough.

      But on a relevant but also not-relevant note, if the gold/weapons don't belong to you in the game, what is your recourse when someone does what happened in the Netherlands? How do you get compensated for the damage done to your character?

      I actually covered this elsewhere in the thread, but I'll reproduce it here:

      Consider a situation where instead of runescape he played pac-man, and had a high score on the leaderboard. These thugs assaulted and coerced him into reseting his account removing him from the leaderboard (and boosting the thugs position as a sideeffect).

      Consider a situation where instead of a game, these thugs assaulted him to coerce him to throw an exam, thereby reducing his grade, and due to being graded on the curve, boosting the thugs grades.

      In -both- these cases we have a similar motive/harm/benefit situation in play. The thugs clearly derive/perceive a benefit from raising their leader board position or grades. The victim is clearly harmed by the assault beyond the physical assault itself. As you say, "the reward of 100's of hours of effort has been lost" in both cases.

      However, we CLEARLY don't have to resort to recognizing leader board positions or grade point averages as 'legal property' to recognize or characterize the extent of what has taken place here.

      The law recognizes that (absent a lawsuit) companies are not responsive to injured parties most of the time that they "ought to" be to make the injured "whole again." My concern is that if we do not agree that this is actual property belonging to the player, then there is no recourse for this.

      As such, if you could sell your character for $500 on eBay but someone forces you to transfer all your treasure/gold/whatnot away and the value of your character plummets, have you not lost something of value for which you should be able to obtain restitution (either in the form of damages or specific performance)?

      I think your concern is unfounded.

      To give you a concrete example, some years ago I was in a car accident (100% another parties fault) and was forced to lose over 2 weeks of university classes mid-semester (just as things really ramp up); by the time I was back in school its was 2 weeks to finals and I had a LOT of catchup to do (probably 40+ hours worth of assignments/reading/papers, plus 60+ hours worth of lecture and lab time) so I elected to salvage 3 of the 5 courses I was taking and essentially abandon the other 2 to focus on the first 3 I kept.

      When the courts and insurance company assessed damages, they readily agreed that in addition to the cost of replacing the written off vehicle, plus an amount for the pain/suffering/ that I should be compensated for lost wages at my part time job, the tuition value of the courses I abandoned, plus a component representing the time I would need to spend retaking them. The loss related to the university classes was valued at around 2.5k, (with the tuition component of that being 1.1k). Overall it was a small part of the settlement, but that's beside the point.

      There was no absurd need in the proceedings to recognize my progress in the 2 courses that had to be abandoned and retaken as 'property' to recognize that they had value, or that I had lost it, or to quantify the loss as a dollar value.

      The same applies to WoW. We don't need to recognize the acheivements/items/gold/scores/stats etc recording in your account as 'your property' to recognize that they have value, or quantify it, as in the case of a leaderboard or grade point score to capture the idea that the thugs were motivated by a personal benefit from causing that harm.

      I suppose we could say that you and Blizzard are tenants in common of the in-game property or something. Or perhaps you are the tenant and Blizzard is the lessor.

      I really think that's the wrong approach. We really don't need to consider the "virtual items" INSIDE the account as property at all to recognize that account owner has been harmed by what has happened regardless.

      -cheers.

    90. Re:It's funny and sad... by vux984 · · Score: 1

      "Possession is 9/10 of the law."

      As for physical 'scrabble tiles', there isn't a judge in the land who is going to side with your legal ownership of the tiles. If you walk into a scrabble tournament, draw your tiles, and then declare they are now legally yours due to possession being 9/10s of the law, and try and walk out, you will laughed out on your ass. Its that absurd.

      And its doubly absurd in the case of WoW items because you don't meaningfully possess anything ever.

      The virtual items are all always on WoW's servers, they can't meaningfully be removed from them, Blizzard also asserts they own them, you have to click you agree before logging in. And they can, at their whim, reverse any trade you might do, or delete, or alter or reassign any 'item' anywhere, anytime.

      If *anyone* is going to be afforded the benefit of 'possession is 9/10s of the law' when it comes to virtual items, its going to be them, not you.

    91. Re:It's funny and sad... by Vastad · · Score: 1

      I just checked his history and you're right. I could have sworn he'd been modded "Score 4: Insightful" when I wrote my post. Ah well, appreciate the support nonetheless.

    92. Re:It's funny and sad... by Teancum · · Score: 1

      Because you don't "own" your WoW account. Its not your "property" to start with. You are paying Blizzard for access to THEIR GAME. And according them, everything in your account is THEIRs.

      The video game developers would have you believe this, and this point of view is one nice way to legally run roughshod over customers if they are getting annoying. Since it is their game and database servers storing the account information, it belongs to them.

      On the other hand, if you are paying a subscription (aka World of Warcraft is a monthly fee service), it could be argued that you are paying "rent" on the physical server and memory chips where this data is being stored and that it in fact does belong to you, the player/consumer.

      Unfortunately, all it would take is a sympathetic judge or parliament/congressional representative to start thinking about this as real property in a certain context that would change this. In a great many ways, these "virtual items" are just as real and tangible in terms of how people perceive themselves as a car or house "in real life". In some cases, people have worked harder and longer for some of these virtual items than for some of the real-life one.

      If Blizz catches you cheating, and bans you, should you be allowed to sue them for "damages"?

      If they assert that you are cheating but you disagree with the ban on the grounds that there are circumstances that weren't weighed by the player moderators.... yeah, perhaps a lawsuit might be in order in some circumstances. I'm not saying it is something that would be pretty, and it would make developers of these game a little cautious if every action they did could be dragged through a courtroom.

      I sure hope that MMPORGs don't end up having a legal department larger than their development department, which unfortunately would be the result if players could sue in court over moderation decisions. I also don't see any reason why it wouldn't happen eventually, and there certainly are some grey and fuzzy cases that are sometimes hard to make a clean judgment over. Some players (or network users in general) can be more or less playing by the rules but on occasion try to push the edge for one reason or another.

    93. Re:It's funny and sad... by mysidia · · Score: 1

      Hiring someone as a sysadmin is different from just handing them credentials.

      A sysadmin has a duty to protect corporate IT assets. Intentionally destroying these company owned assets: the working copy of source code of an active project is a deliberate breach of their employment agreement, and outside their authorization BY THE OWNER of the computer system.

      In a MMORPG; your character is not something you have IP rights to, in general the game operator specifically forces you to disclaim any rights. Their computer system or ability to authorize access also does not belong to you, just because you have a character on their system.

      Just giving someone credentials is more such as a situation like this:

      Senior IT manager gives a junior tech a cabinet key, an ip address, a rack id and rack slot number, and an Admin password, tells him to "have fun", "here's your machine to test things on". See, now he has credentials?

      But he hasn't been told what he may not do. Say this individual was just hired yesterday and has no experience working with servers, and he was truthful about that in his interview with said IT manager.

      Junior tech finds the machine, logs in, shuts it down, formats it, installs a fresh copy of 2008 server.

      90 minutes later, everyone's wondering why their in-house application says "unable to connect to DB server", why their e-mail isn't working, and why the CFO can't login to her workstation.. something about no domain controllers being reachable...

      So does the junior tech go to jail? Noone told him not to format that machine, or that the server he was logging into was the mother-of-all-servers-most-important-machine-in-the-building; he was just told to test his software there.

      Just like people who share characters in a MMORPG are unlikely to have communicated in a verifiable way that the character/avatar is not to ever be deleted.

      It wasn't an "accident": he intended to format it. It's just that it was never communicated to him in a verifiable way that the machine was so critical, or that it shouldn't be taken down.

      Quite the opposite... If anyone committed a crime, the IT manager suggested testing experimental, potentially dangerous software on critical infrastructure.

      Didn't label the important server as important. Let's just say it was unlabelled.

      And gave out Admin passwords that such an inexperienced operator should not have been given so readily.

      All negligent actions that should be met with disciplinary action by the corporation and possibly lawsuits to recover damages, but none of the actions criminal.

    94. Re:It's funny and sad... by vux984 · · Score: 1

      On the other hand, if you are paying a subscription (aka World of Warcraft is a monthly fee service), it could be argued that you are paying "rent" on the physical server and memory chips where this data is being stored and that it in fact does belong to you, the player/consumer.

      No you can't argue that because you don't have a rental agreement with Blizzard. Its that simple.

      You clearly have a subscription agreement for a service not a rental agreement for some some undefinable fraction of their infrastructure. No court is going to entertain your attempt to contort your clear subscription agreement into a rental agreement that gives you a claim to some fraction of their hardware.

      That's the same level of absurdity as telling a judge sentencing you for a crime that he should let you go since you are his boss because you pay the taxes that pay his salary. That is simply not how it works.

      Sure its 'arguably' true in some highly abstract sense, but not in any practically meaningful one.

    95. Re:It's funny and sad... by Teancum · · Score: 1

      This isn't an employee-employer relationship, but rather a producer/consumer relationship.

      Clearly the storage of the player record is indeed in a physical location and is composed of tangible materials. Yes, it is 1's and 0's as they are interpreted by the software, but it is in the actual location. If you were a competent computer engineer, you might even be able to correctly identify where on the hard disc platter or in what set of memory chips (perhaps both) this player record is being stored.

      This is what I'm calling "rental property", and it is yours for the duration of the contract that you have signed. The subscription aspect is to be able to access that record via the rest of the networking architecture. To really complicate things, there is even "virtual property" in some MMORPGs that is also tied to your user record in addition to virtual items.

      Furthermore, how content on the player record is treated both within the game and external to it (in the form of sales on Ebay, real world item trading websites, etc.) is to treat the "virtual items" as if they were real property.

      I'm just saying this is one sort of argument that could be made in terms of protesting a player ban, and under what circumstances a player may seek formal legal remedies against the game company who tries to block them from accessing "their" hunk of data. This isn't so black and white, and the notion of virtual property belonging to the game company isn't very well established legal precedence either in those systems that use English Common Law and its derivatives (such as the US legal system).

      Ultimately a game company in the future is going to have to document what the "cause" of blocking the player really was about. The more you get lawyers and judges who have played these games, the more you will get them interested in regulating it as well. And yes, I do know of a couple lawyers who play MMORPGs and have given the game companies a bit of heartburn as a result.

    96. Re:It's funny and sad... by Khyber · · Score: 1

      Forget about legal shootings during card games, did we? Even if money wasn't involved, cheating = get shot. That was back in the Wild West. I'm sure putting a knife to a kid to force him to give up his game winnings is just as illegal NOW as it was THEN.

      People need a real grip of history, it seems.

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    97. Re:It's funny and sad... by TheoMurpse · · Score: 1

      You raise extremely good points. I think your argument defeats mine. I have nothing really to refute with at this point, but I still wanted to congratulate you for what I consider to be excellent analysis.

      It also makes me happy, as I really don't want to consider virtual property "real" in any case, either. I don't want it taxable in the future!

      I've typically been on your side in these debates, trying to draw parallels between points won in a tennis match toward winning championship prize money being untaxable. Your Pac-Man example is basically the same thing.

      Thanks for the debate. This is why Slashdot is still the best place for nerdy news.

    98. Re:It's funny and sad... by vux984 · · Score: 1

      Forget about legal shootings during card games, did we? Even if money wasn't involved, cheating = get shot. That was back in the Wild West. I'm sure putting a knife to a kid to force him to give up his game winnings is just as illegal NOW as it was THEN.

      People need a real grip of history, it seems.

      You don't need to allocate 'real property rights' to 'WoW gold' to recognize that putting a knife to a kid to force him to do -anything- is illegal.

    99. Re:It's funny and sad... by Goldenjera · · Score: 1

      As far as I knew, no-one actually sits at a desk in underpayed and overworked conditions. Runescape farmers simply let their little bots go into the game, automatically get basic resources, sell it, get money. This is against their rule "RULE 7 - Third party software", introduced as the bots were taking all the resources away from the real players putting in their own time and labour.

      If you'd earnt that money yourself, then you should be able to sell it for real currency, I agree. Though it is against some games rules (like Runescape)

      These boys in Denmark took game way too far by threatening another boy give away some of his items. I would like to know how they did it though, as you cannot log 2 characters in the same world on the same computer at one time... This must have taken some effort on the attackers part.

    100. Re:It's funny and sad... by Vastad · · Score: 1

      There are two ways that immediately leap to mind:

      • Use the in-game mail system to just post the items to the other player.
      • Perhaps that particular home had two different PCs or even his laptop logged on as himself and he just gave the items to himself, acknowledging and accepting the transaction on the laptop.

      True, there are bots available to endlessly kill and loot for money. The thing I like about WAR (I play it) is that so far, the gold is actually relatively meaningless. You only really need it for the mount and then some guild costs and maybe a little bit of auctioning. So having those private tells offering me gold is laughable since the economy just doesn't need you to be a gazillionaire. And if you accept a toon that was leveled for you to lvl 40 in 7 days, you've just cheated yourself of all the lore which is pretty good and treats the established fluff very well. The developers have avoided the Curse of Goto.

    101. Re:It's funny and sad... by jonbryce · · Score: 1

      That's because of a government freezing order. The bank can't decide to do that on their own.

    102. Re:It's funny and sad... by NiteShaed · · Score: 1

      That entire scenario that you just described is completely irrelevant to what the woman in Japan did though. The difference between them is intent. In your example, junior did something that turned out to be stupid, but he didn't actually intend to cause any problems, and as a matter of fact thought what he was doing was perfectly acceptable. The woman in the story, with malicious intent, deleted an account that she knew was not hers to delete. Completely different thing.
      Let's take a real world example....
      A sysadmin in San Francisco sets up a city network which only he has the credentials to fully control. He's fired. The city realizes that he has done this, and attempts to recover the password. He refuses. He is then picked up by the police and put in a cell.
      Comparison:
      A woman in Japan is given access to an account by another user due to the relationship that they have. That relationship ends. She deletes the other person's account for revenge. The other party realizes that she has done this. She is then picked up by the police and put in a cell.

      Or, we can rework your example so that it actually fits:
      Senior IT manager gives a junior tech a cabinet key, an ip address, a rack id and rack slot number, and an Admin password, tells him to "have fun", "here's your machine to test things on". See, now he has credentials?

      The junior tech is then fired a week later for coming it late and leaving early every day.

      Junior tech logs into the machine anyway after realizing they haven't disabled his account, shuts it down, formats it, because he's going to teach those jerks a lesson for dumping him.

      90 minutes later, everyone's wondering why their in-house application says "unable to connect to DB server", why their e-mail isn't working, and why the CFO can't login to her workstation.. something about no domain controllers being reachable...

      So the junior tech go to jail for unauthorized access to the network. No one told him not to format that machine, or that the server he was logging into was the mother-of-all-servers-most-important-machine-in-the-building; and he tries to use this as his defense, but alas, the fact remains that he obviously knew all along that he wasn't supposed to do this. Should the company have disabled his account sooner? Yep, but it doesn't change the fact that he knew he was no longer supposed to be accessing the machine and he certainly knew he wasn't supposed to fuck it up just to teach someone a lesson.

      --
      Some bring out the best in others, some the worst. Some bring out far more.
    103. Re:It's funny and sad... by mysidia · · Score: 1

      The situation is not analogous at all. She logged in to find 'her' own character divorced "in the world". A game action. When someone is fired from an org, there is actually a revokation of authority to access company-owned equipment; there is no doubt that the equipment is company owned (the company paid the full price of their purchase and costs of having that equipment online). When a computer tells someone you've been divorced, or you're not listed, it doesn't mean much.

      So.. she logged into their shared avatar and deleted it.

      The ownership of characters in the game is very murky... suppose they had both contributed items to this avatar, or worked on developing it.

      Who's to say which party "OWNS" this virtual object that has been created by their joint efforts, and both people have some moral ownership over?

      Maybe it was for revenge, maybe it was some type of accident. Only she knows the true intent, we can only guess based on what she has said.

      Perhaps she thought someone had hacked into their shared avatar, and would rather have them delete and re-create than risk the chance of a hacker having access to it.

      Suppose I am writing a book.. I have the manuscript kept in a bank safety deposit box, which only I have access to. Each chapter is stored on one diskette.

      For some reason I team up with a second author, I give him access to the vault with the only complete copy of all our work in it. Only the chapter we are working on is stored on our computers, once we are finished writing it, we move it to the vault to be assembled later.

      Both of us do a lot of work editing and creating new materials, we have 30 chapters, the book is almost done...

      But one day we have a disagreement, and I lock his account so he can't remotely login to the file server.

      Unfortunately, I forgot to tell the bank not to let him into the vault anymore.

      He uses his still working key to open the vault, takes the disks home, and burns them.

      So who's guilty of the crime, and what is the crime?

    104. Re:It's funny and sad... by NiteShaed · · Score: 1

      So.. she logged into their shared avatar and deleted it.

      No, she logged into *his* account and deleted it. He created the account prior to ever meeting her. If for some reason you gave me your slashdot login info to your current account, would that make it a "shared" account? Of course it wouldn't, you created the account completely independently long before we met.
       

      The ownership of characters in the game is very murky... suppose they had both contributed items to this avatar, or worked on developing it.

      Why would I want to suppose anything of the sort? He created the account before he met her, therefore it's pretty clear that it's his account.
       

      Maybe it was for revenge, maybe it was some type of accident. Only she knows the true intent, we can only guess based on what she has said.

      Yeah, if only she would speak out more clearly on the incident....oh wait, she did:
      "I was suddenly divorced, without a word of warning. That made me so angry," the official quoted her as telling investigators and admitting the allegations.
      She was mad, and to get back at him she used the logon info that he (stupidly) let her know to delete his account. Done and done.
       

      Suppose I am writing a book.. I have the manuscript kept in a bank safety deposit box, which only I have access to. Each chapter is stored on one diskette.

      For some reason I team up with a second author, I give him access to the vault with the only complete copy of all our work in it. Only the chapter we are working on is stored on our computers, once we are finished writing it, we move it to the vault to be assembled later.

      Both of us do a lot of work editing and creating new materials, we have 30 chapters, the book is almost done...

      But one day we have a disagreement, and I lock his account so he can't remotely login to the file server.

      Unfortunately, I forgot to tell the bank not to let him into the vault anymore.

      He uses his still working key to open the vault, takes the disks home, and burns them.

      So who's guilty of the crime, and what is the crime?

      That would be your co-author. If he wanted his access restored, and you were blocking access to a shared work, he could have gone to court and he would have had a good shot at getting his access back. By unilaterally going to the vault and destroying this shared work, he opened himself up to a potential lawsuit from you (if it had a chance of being published, he's denied you income from the shared work). What he wouldn't be liable for is breaking into the bank vault, since that was apparently joint between you and you had apparently notified the bank of this. If that's not the case, and it was your bank vault and he accessed it under false pretenses, such as impersonating you, then he might be on the hook for that as well. In the case of the Japanese woman, the fact that her character was divorced should have been a pretty clear message that he no longer wanted anything to do with her, and by using his credentials to delete his account was more akin to impersonating him than exercising joint authority over an account.

      --
      Some bring out the best in others, some the worst. Some bring out far more.
    105. Re:It's funny and sad... by Thing+1 · · Score: 1

      A side question: if he had been modded, could you have determined whether it was before or after your post? Just curious, as I haven't seen timestamps on moderation, but I might be looking in the wrong place or something...

      --
      I feel fantastic, and I'm still alive.
    106. Re:It's funny and sad... by Vastad · · Score: 1

      The only way I know to check is to just click on the score itself which opens a pop-up window. No timestamp, any mod points are anonymous and only a breakdown into percentages of category of mod points.

    107. Re:It's funny and sad... by Thing+1 · · Score: 1

      That's what I thought. So: good that it never got modded! :)

      --
      I feel fantastic, and I'm still alive.
  2. Not Punished for the Violence? by GaryPatterson · · Score: 4, Insightful

    Surely the first case would have revolved around the attack by the two boys, using the knife, threats and all that. I mean, that's a pretty straightforward criminal act right there without going further to look at the proceeds of crime (data).

    I know, read the article, read the article. It's early, and I'm skimming headlines.

    1. Re:Not Punished for the Violence? by Artraze · · Score: 4, Insightful

      I think the point is that the theft counted as part of the offense. In other words, rather than being viewed as assault, it was viewed as a mugging.

    2. Re:Not Punished for the Violence? by AlXtreme · · Score: 4, Insightful

      Surely the first case would have revolved around the attack by the two boys, using the knife, threats and all that. I mean, that's a pretty straightforward criminal act right there without going further to look at the proceeds of crime (data).

      They were also charged for the violence, conditional jail-time of 1 and 2 months. Source for the dutchies.

      --
      This sig is intentionally left blank
    3. Re:Not Punished for the Violence? by Sponge+Bath · · Score: 4, Funny

      It does seem odd. To make that fair the judge should have
      the bailiff beat the attackers with a night stick
      and then sentence them to a virtual jail.

    4. Re:Not Punished for the Violence? by Acapulco · · Score: 2, Insightful

      I agree totally. In the article, not *once* they mention if there would be charges or sentence for the violence. It's obviously bad enough that this kids stole something (vritual or not), but I would think that the important part was the violent one.

      Does anyone know how many kids are bullied in schools everywhere by someone, so they can get their epic ultra-leet items? and getting away with it?

      I have no idea about the latter, but it's sure as hell not anywhere near 0%. So stealing virtual items it's not really news, but doing it with so much violence.

      --
      Slashdot. Unreadable news to annoy nerds. - wonkey_monkey
    5. Re:Not Punished for the Violence? by anomnomnomymous · · Score: 4, Insightful

      The question was wether the virtual asset could be considered as a 'real' asset: And thus robbery could be charged.

      --
      When you shoot a mime, do you use a silencer?
    6. Re:Not Punished for the Violence? by bluefoxlucid · · Score: 1

      Shut up and give me your WoW account before I hack into your bank and fuck up your credit!

    7. Re:Not Punished for the Violence? by stephanruby · · Score: 1

      I think the point is that the theft counted as part of the offense. In other words, rather than being viewed as assault, it was viewed as a mugging.

      Also, the particular value of this property is what makes this assault particularly horrifying (at least, in the eyes of news reporting agencies). I know that in my neck of the woods, if someone gets mugged, beaten, and their life threatened with a knife, it doesn't count if real money was involved -- that's what we consider in my neck of woods -- good cause -- although we don't use those exact words. And we say things like, well he shouldn't have been carrying that much cash on him, or that's never going to happen to me -- I never carry that much on me, besides I don't drive a corvette, etc.

      But if on the other hand, the mugger almost kills someone only to get a few dollars, or just to steal a stick of gum from him, that's when we lose all respect for the perpetrator -- in fact that's when we really get scared our self. It becomes a new class of crime, one without good cause, and one with basically unlimited potential, and it just shows how senseless, stupid, and young some of our young criminals can be.

    8. Re:Not Punished for the Violence? by Anonymous Coward · · Score: 0

      ???

      Is this your serious analysis of the situation? You've made my eyes bleed.

    9. Re:Not Punished for the Violence? by LithiumX · · Score: 1

      It does seem odd. To make that fair the judge should have the bailiff beat the attackers with a night stick and then sentence them to a virtual jail.

      Then install a webcam so we can watch them spend the next few days searching their cells for secret walls or hidden lockpicks.

      --
      Do not confuse "Freedom of Choice" with "Free Will".
    10. Re:Not Punished for the Violence? by Anonymous Coward · · Score: 0

      Shut up and give me your WoW account before I hack into your bank and fuck up your credit!

      You're too late, Wall street did that for me already.

    11. Re:Not Punished for the Violence? by Anonymous Coward · · Score: 0

      Does anyone know how many kids are bullied in schools everywhere by someone, so they can get their epic ultra-leet items? and getting away with it?

      I've got no answer for that specifically, but consider a parallel, "do my algebra homework or I'll beat you up." Quasi-transfer of intangible goods under the threat of violence (though in this case, the victim is still holds the "goods" and can still factor a polynomial.)

    12. Re:Not Punished for the Violence? by Anonymous Coward · · Score: 0

      Source [www.nu.nl] for the dutchies.

      I'll translate the last paragraph (most relevant) for all the rest of the world:

      "The defendants' lawyers argued that the crime did not constitute theft, since no physical goods were taken. The judge disagreed, and sentenced the two for 160 and 200 hours of community service, in addition to one and two months conditional jail-time respectively. The defendants had also been charged with assault and intimidation."

      Presumably, the defendants either admitted or did not deny the other charges mentioned in the last sentence.

    13. Re:Not Punished for the Violence? by PodBayDoor · · Score: 1

      For those others who only skimmed the headlines:

      "the defendant was charged with kicking the victim's head and body and trying to strangle him"
      and
      "The lawsuit only dealt with the theft of the goods - a virtual amulet and a virtual mask in RuneScape"

      This case is only news- (or rather, Slashdot-) worthy because of the latter crime, but two took place - assault and virtual theft.

      Considering the investment of time many people put into virtual activities (including writing comments on /.), I think it's an excellent idea for a judge to set this kind of precedent, especially for a crime committed by, and on, a child.

  3. Hmm... by Ethanol-fueled · · Score: 2, Insightful

    Last week, the Dutch court subjected two kids of ages 15 and 14 to 160 hours of unpaid work or 80 days in jail, because they stole virtual property from a 13-year-old boy. The boy was kicked and beaten and threatened with a knife while forced to log into Runescape and giving his assets to the two perpetrators

    Uh, so it was about virtual property and not about, uh, anything else?

    1. Re:Hmm... by Anonymous Coward · · Score: 0

      Uh, no. You should RTFA. The news story here is that instead of a simple assault for beating the kid, the judge ruled that forcing him to handover his virtual assets constituted an actual robbery.

      Uh, do you get it , uh, now?

    2. Re:Hmm... by borizz · · Score: 4, Informative

      On the radio, they quoted the judge as saying that virtual property gives joy, you've worked to earn it and in this case, if one person has it another can't have it (well, the admins could easily clone it, but that's beside the point). So in essence, they said it's a lot like real tangible property.

    3. Re:Hmm... by thisisreallymyname · · Score: 1

      I think this is an excellent point especially if you consider the woman who killed her ex-husbands avatar. Vitrual property does give joy to its owners just like the virtual life of an avatar. THe punishment is warrented in both cases.

    4. Re:Hmm... by corsec67 · · Score: 1

      So I can sue someone that destroys my ship in EVE?

      --
      If I have nothing to hide, don't search me
    5. Re:Hmm... by borizz · · Score: 2, Interesting

      Under this new Dutch ruling, I don't know. I hope they'll make an exception for when the game mechanics allow you to. In the Dutch case, the steal was not done by any programmed means for stealing, but just by putting a knife to someones body part and force them to use in-game give or drop. However, I'm not sure. We certainly have our share of I-don't-understand-the-internet-and-computers, Ted Stevens style judges.

    6. Re:Hmm... by bluefoxlucid · · Score: 1

      The point of property is not that you have it, it's that you've taken it away from someone else. If you clone an online object, then I could have two instead of you having one and I having one. In the real world, if I buy a Ford Mustang GT with heated leather seats and a glass roof, it's my $30,000 mustang; you can't have it, you can get someone to make one just like it but it's still physically mine and yours is not identical to mine on a base level, it's simply mine.

    7. Re:Hmm... by thisisreallymyname · · Score: 1

      sure, but only if they first beat you up and force you to blow up you own ships. t

    8. Re:Hmm... by SL+Baur · · Score: 1

      THe punishment is warrented in both cases.

      No doubt. Do note though that it was not an ex-husband, it was an ex-"husband" as the relationship was only in-game.

      All of the articles linked are scary in the implications, but the virtual divorce in Japan one was the scariest to me.

      I'm embarrassed that an English spelling and grammar nazi[1] like me has to ask this but, what's the opposite term for uxoricide http://www.thefreedictionary.com/uxoricide ?

      [1] Do not pound the shift key, you only need to capitalize the "T" in "The" and "warranted" is spelled "warranted". Always proofread through the Preview text when you are posting.

    9. Re:Hmm... by SL+Baur · · Score: 1

      So I can sue someone that destroys my ship in EVE?

      Perhaps, if you're living in the right jurisdiction. But at least we know the true reason why Blizzard does not assign durability damage in PvP - you cannot sue the guy who just ganked you.

    10. Re:Hmm... by Jedi+Alec · · Score: 1

      So I can sue someone that destroys my ship in EVE?

      If done ingame....no. That's the purpose of the game.

      If I hack your account, or I physically threaten you to force you to hand over that faction-fitted Nightmare....then it's a criminal offense. According to this judge that would mean I not only committed the act of hacking or physical assault, but a form of theft as well.

      On Slashdot we spend a lot of time complaining about clueless legislators introducing silly new laws for online situations.

      This judge uses existing law and rules that there's really no difference between being forced at knifepoint to hand over your wallet or, in your example, your shiny new Dominix. Kinda makes sense, to be honest. Just because it has no real value in terms of real-life money, doesn't mean it doesn't have value for you or me.

      --

      People replying to my sig annoy me. That's why I change it all the time.
    11. Re:Hmm... by Lars+T. · · Score: 1

      No doubt. Do note though that it was not an ex-husband, it was an ex-"husband" as the relationship was only in-game.

      All of the articles linked are scary in the implications, but the virtual divorce in Japan one was the scariest to me.

      She wasn't charged with killing him, she was charged with "illegally accessing a computer and manipulating electronic data" aka "hacking". The judge decided that giving her the password some time ago and not changing it after the virtual divorce was not enough to not make his intent clear of no longer giving her any access to his account.

      --

      Lars T.

      To the guy who modded me down from perfect to terrible Karma - Apple haters still suck

    12. Re:Hmm... by steveo777 · · Score: 1

      Wish that would have worked on the jerks who stole your stuff on Ultima Online back in the day.

      --
      This sig isn't original enough, it's time to come up with something witty...
    13. Re:Hmm... by TheoMurpse · · Score: 1

      You guys are all missing the point. The Netherlands is a CIVIL LAW state. This means there really isn't any such thing as "precedent." Especially not at a Arrondissementsrechtbank-level court.

  4. wtf? by easyTree · · Score: 5, Funny

    They kicked/beat/threatened him with a kife and the most important crime was IP-theft. wtf. Did I mention 'wtf' ?

    1. Re:wtf? by BountyX · · Score: 1

      Indeed wtf. Courts should have only punished the kids for the violence part. Makes you wonder whats the dutch will do when D3 scammers trick 13 year old kids into dropping items.

      --
      Trying to install linux on my microwave, but keep getting a kernel panic...
    2. Re:wtf? by Grendel_Prime · · Score: 1

      In the land of Vikings, they're used to the former, but the socialist government will never tolerate the latter.

    3. Re:wtf? by mmalove · · Score: 2, Insightful

      I'm not sure whether the Dutch also charged the kids with assault, but I think the focus of the story, which has appeared in a couple other places on the net, is repeatedly that the judge made a point to allow the prosecution to push a theft charge for the virtual goods. I too am perplexed however that the bigger focus is on stealing the pixels and not beating the kid up and threatening him with a lethal weapon. But I guess it's the former that is newsworthy because it's setting a precident - there's nothing new about a judge claiming assault and battery is illegal.

      Keep in mind, there is still a huge difference between playing a game poorly and getting scammed/duped, vs someone using physical, out of game intervention to steal your virtual property. The former can be entirely within the ruleset of the game, such as in EVE, the latter would lead to clearly dangerous implications if considered legal. I really don't think this will skip to players being prosecuted for playing like a jerk, as long as it stays in game.

      --
      You can get 15 minutes of fame, but you can go down in history for infamy.
    4. Re:wtf? by davester666 · · Score: 1

      Why is the loss of control of a item that you primarily access using your computer not be theft?

      If you download, purchased and installed Microsoft Office solely over the internet, and a hacker gets into your computer, copies your registration key, then deletes the key and Office from your computer, is that not theft? Sure, Microsoft could let you download Office again, and issue a new key, but that amounts to Microsoft giving you a new copy to replace the one stolen from you. Microsoft may even be able to prevent the hacker from using the old key to validate Microsoft Office, so they only experience a relatively small loss (just the time and effort to give you a new key, and disable use of the old key). But it's still a tangible loss, for both the individual and Microsoft.

      If this isn't theft, then someone accessing your bank over the internet and transferring the money out of your account into theirs isn't stealing your money.

      --
      Sleep your way to a whiter smile...date a dentist!
    5. Re:wtf? by borizz · · Score: 1

      I'm not sure whether the Dutch also charged the kids with assault

      "We" did. But the emphasis in the media is on the virtual goods part, because it is setting a precedent.

    6. Re:wtf? by easyTree · · Score: 1

      Noone's saying it's not theft. At least two people *are* saying that the physical violence / threat of lethal attack should be considered as more important. Consider, which of the following situations would you rather be in:
        * "Oh no! someone's stolen my virtual pony, woe is me..."
        * "Oh no! I've been violently stabbed to death because I tried to stop someone stealing my virtual pony, woe is me..."
      ?

    7. Re:wtf? by DerWulf · · Score: 2, Informative

      My knowledge about the justice system isn't great but at least I know that there is a difference between assault and robbery ... In germany you can get away with 6 month for assault but can expect a minimum sentence of 1 years for robbery.

      --

      ___
      No power in the 'verse can stop me
    8. Re:wtf? by conureman · · Score: 1

      I think perhaps what is perplexing some of us is the apparent emphasis in TFA of the importance of the property crime. Would punishment for the assault be detrimental to the "rehabilitation" of the perpetrators? TFA was poorly writ. It looks like the lawyers may now have something of a precedent tho. shit

      --
      The cost of that cleanup, of course, will be borne by taxpayers, not industry.
    9. Re:wtf? by jonbryce · · Score: 1

      I think they are saying it is more important from a legal and newsworthiness point of view. That you can be prosecuted for knifing someone is not news. It happens many times every day at the local magistrates court, but nobody has been prosecuted for stealing virtual property before.

    10. Re:wtf? by AK+Marc · · Score: 1

      Why is the loss of control of a item that you primarily access using your computer not be theft?

      Because temporary loss of control is not theft. Theft is permanent deprivation of something. Holding him until he used the computer the way they wanted could easily have been kidnapping, false imprisonmnet, or such. But to temporarily gain control of something when all parties expected the item to be returned is not theft.

    11. Re:wtf? by atomicthumbs · · Score: 1

      Yeah, but theft and destruction in EVE is within the context of the game. I think that nobody would prosecute for that.

      --
      http://pinopsida.com
    12. Re:wtf? by SL+Baur · · Score: 1

      • "Oh no! someone's stolen my virtual pony, woe is me..."
      • "Oh no! I've been violently stabbed to death because I tried to stop someone stealing my virtual pony, woe is me..."

      You may be new here, but you're working out just fine. Both of those issues are covered in the linked articles which you did not read.

    13. Re:wtf? by SL+Baur · · Score: 1

      I think they are saying it is more important from a legal and newsworthiness point of view.

      Something like that.

      Every one of the examples in the linked articles display lack of judgment on the part of the perpetrator and I would agree that punishment is merited. What I will disagree on is that it merits a criminal record and/or jail.

    14. Re:wtf? by SL+Baur · · Score: 1

      What I will disagree on is that it merits a criminal record and/or jail.

      Dang. I meant to write "What I will disagree on is that it merits a criminal record and/or jail for the crimes they are being charged with."

    15. Re:wtf? by easyTree · · Score: 1

      You may be new here, but you're working out just fine. Both of those issues are covered in the linked articles which you did not read.

      Thanks :D - at first I used to read the articles, until I realised that the point is to collectively converge on every detail of the article, without having read it, until someone says 'stop, 100% match'...

    16. Re:wtf? by easyTree · · Score: 1

      There needs to be a new Godwin-like law to discourage the discussion of the definition of theft within the context of IP.. :S

    17. Re:wtf? by Anonymous Coward · · Score: 1, Informative

      The theft was not the most important crime. Although causing bodily harm is considered a crime, the punishment is less than theft involving violence. In order for this to be more than two kids beating up an other kid something had to have been stolen, resulting in a legal issue on whether or not virtual property is property.

    18. Re:wtf? by dajak · · Score: 1

      This has nothing whatsoever to do with IP theft. The boy has no intellectual ownership claim over the object. He has real property rights.

      The court established that the boy was robbed, which means that 1) a good was taken away from the boy, 2) with the intent to disappropriate it, which means therefore 3) the boy enjoyed certain property rights over the object and the intent of the violent act involved him no longer being able to exercise those.

      These property rights are of course - as is often the case - limited. The rights can be lawfully taken away by Blizzard, and the object can for instance be lawfully taken away through a mugging inside the virtual world, but it is now established that these rights are indeed real property rights over real goods.

      The discussion about illegally copying data (IP theft or theft of valuable/private information in general) is very different: the data is not taken away but duplicated. The theft analogy is often used in this case because the owner of the data can derive various kinds of joy from the fact that he has the information and others don't.

      In the early 20th century many people also balked at the idea of electricity being a good that can be taken away. The simple matter of fact is that electricity is objectively valuable, objectively observable (as opposed to one's dignity or one's imaginary clothes), and can be taken away. The virtual amulet also meets these criteria.

      It's always good to see courts using common sense.

      A final point on the sentence (I am scanning the verdict now): The three boys involved knew eachother well and played together as a team, the victim had recently picked up some very valuable objects and didn't share them with the other two boys, leading to violence and eventually robbery. The child protection council report on the defendants showed no violence, or other reasons for worry. The defendants however failed to understand the gravity of their crime, which was held against them. The punishment is indeed relatively mild.

  5. OK? by arizwebfoot · · Score: 1

    When she virtually killed her virtual husband was it homicide of a virtual nature or was it virtually natural?

    In other words, did she use a virtual weapon or was a weapon used virtually to kill her virtually virtual husband?

    --
    Beer is proof that God loves us and wants us to be happy.
    1. Re:OK? by TinFoilMan · · Score: 2, Funny

      No, it was Mr. Mustard in the Kitchen with a pipe.

      --
      In my other life, I eat cats.
    2. Re:OK? by bedmison · · Score: 1
      Doesn't matter. Because being virtually killed in virtual space is just as effective as the real thing, because you are only as dead as you think you are.

      --with apologies to D. Adams.

    3. Re:OK? by whitehatlurker · · Score: 2, Funny
      --
      .. paranoid crackpot leftover from the days of Amiga.
    4. Re:OK? by Anonymous Coward · · Score: 0
  6. Theft is theft by clarkkent09 · · Score: 3, Insightful

    This ruling is the first of its kind for the Netherlands

    I doubt that. I'm sure there were other cases of teenagers being convicted for stealing something in the Netherlands. It was something of value, otherwise they wouldn't have wanted it so badly, and the victim was deprived of it. Obviously, there is the issue of beating and threatening with a knife, but even if that wasn't the case it wouldn't be any less of a theft than if they stole some physical object. Can someone tell me what is the complicated issue that tfa is talking about? Seems pretty straightforward to me.

    --
    Negative moral value of force outweighs the positive value of good intentions.
    1. Re:Theft is theft by Idaho · · Score: 1

      How do you steal an item that doesn't really exist (a.k.a. virtual)?

      The guy could have been convicted simply for beating someone up, or even just for threatening to do so unless he would give up those items (blackmail or whatever you call it). But instead, he got convicted for stealing something virtual, which only exists in a game.

      This is news because, if the in-game money or item is considered property, should it therefore also be taxed? Can it be used (legally) as a real-life currency? Can game publishers claim that they "own" all your virtual property? Can you trade it on e-bay?

      In games like Eve Online, where scamming is considered an art and is part of the game by design even according to its developers (!), could you get in real life trouble for planning a nasty Ponzi/pyramid scheme within the game? (which does not violate the EULA in any way, I might add)? Note that the scam I linked to is about $700B in-game money, which is worth ca. $25/B at the moment (probably it was more back then). So we *are* indirectly talking "nice down payment for a new house" kind of amounts here.

      So if you play MMO's and like to play Dr. Evil *inside a game* (which, I should say, is a lot better than doing so IRL), should you still be afraid to get into trouble?

      Obviously the guy is rightfully punished btw, I'm just arguing it should have been for a different "crime".

      --
      Every expression is true, for a given value of 'true'
    2. Re:Theft is theft by LandDolphin · · Score: 4, Insightful

      "How do you steal an item that doesn't really exist (a.k.a. virtual)?"

      So, if I take your Credit card and charge it up, I did not steal anything because the physical money never exsisted?

      Or how about MP3's? Do those have any value? There as virtual as anything in a game is. Just 1's and 0's like the items in a game and the money on your credit cards.

      --
      Spelling and Grammar errors have been added to this post for your enjoyment
    3. Re:Theft is theft by westlake · · Score: 1
      Can someone tell me what is the complicated issue that tfa is talking about?

      .
      There are no complications for anyone but the geek who can see no value in the "imaginary" property of others.

    4. Re:Theft is theft by NoobixCube · · Score: 2, Interesting

      I know I'll be taking an unpopular stance on Slashdot in saying this, but I think it needs to be said (not to say I'm correct, but rather that it's another view point).

      I don't believe in imaginary property, but I do believe in virtual property. The distinction is, imaginary property is infinitely reproducible, like an mp3 file. When you can sell the infinitely reproducible, you have a license to print money. It probably would have much larger implications for the economy if all movies and music were suddenly digitally distributed. No physical media costs, no transport costs, no staff costs in shops. All of those people suddenly get cut out of the chain and have to find a new source of income. I'm not an economists, so I can't see the full effect of this ripple effect.

      On the other hand, in an online game, you use a currency, and the items you possess have value. An admin of a game could infinitely reproduce these items, but to the player they still have a quantifiable cost and amount of work that went into obtaining or producing it.

      This isn't a simple case of in-game theft; I think the lion's share of the verdict was more to do with the assault than the theft. The thing that bothers me most about this though isn't that it recognizes virtual property as real, but that it sets a very small precedent (I say small because the verdict wasn't entirely about the theft, but the assault) for national laws extending into online games. What next? Animal cruelty laws begin to extend to in-game creatures? People being charged with assault in the real world for attacking in a PvP area?

      For legal purposes, I think online games should be defined as a foreign nation. No actual property or currency crosses the border into your real country of residence, since it all exists in game, and the Rules of Conduct or Terms of Service or whatever the game wants to call them should contain some clear-cut "laws" for that "nation".

      --
      Admit it. You post strawman arguments as AC so you get modded Insightful for refuting them, rather than Troll
    5. Re:Theft is theft by JesseMcDonald · · Score: 1

      So, if I take your Credit card and charge it up, I did not steal anything because the physical money never exsisted?

      Exactly. You haven't stolen anything from me (other than the card itself), but you have committed fraud by claiming authorization to charge to that account. Using someone else's credit card is just another way of taking out a loan in someone else's name; ID fraud, not theft. There is a difference.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    6. Re:Theft is theft by LandDolphin · · Score: 1

      So, If someone threatens you into buying them things with your Credit Card, you can charge them for the threat, butyour SOL for the stuff you bought them becuase your only out virtual cash and there was no fraud going on.

      --
      Spelling and Grammar errors have been added to this post for your enjoyment
    7. Re:Theft is theft by Anonymous Coward · · Score: 0

      Or how about MP3's? (...) There as virtual as anything in a game is. Just 1's and 0's

      There you go!

    8. Re:Theft is theft by Anonymous Coward · · Score: 0

      Then the same thing applies to virtual gold. Your argument doesn't help the case that stealing virtual gold vs stealing credit cards aren't both illegal.

    9. Re:Theft is theft by Plekto · · Score: 1

      could you get in real life trouble for planning a nasty Ponzi/pyramid scheme within the game? (which does not violate the EULA in any way, I might add)?

      Nope. As long as you are doing it with your own account and character, theft, bribery, stealing, or whatever else is okay as long as it's in-game. Obviously stealing someone's account or password, or taking this into the real world is a huge violation of the rules(and laws in most countries). But yes, you can scam and do pyramid schemes to your heart's content.

      Though, most people are wise to it by now...

    10. Re:Theft is theft by clarkkent09 · · Score: 1

      The guy could have been convicted simply for beating someone up, or even just for threatening to do so unless he would give up those items (blackmail or whatever you call it). But instead, he got convicted for stealing something virtual, which only exists in a game.

      IANAL but to me it seems that the question is not whether those items have real world value (it seems they have though, if they can be sold for real money) but whether they are property of the victim. It is theft to steal someone else's property regardless of its value. For example, stealing something like photos or other items of purely sentimental value to their owner is still theft. So, stealing someone's paper photo collection is theft but copying digital photos from their hard drive and deleting the originals (ok, unlikely scenario but just making a point) is ok?

      --
      Negative moral value of force outweighs the positive value of good intentions.
    11. Re:Theft is theft by Nazlfrag · · Score: 1

      Though, most people are wise to it by now...

      Yeah, there's no way people will keep falling for those pyramid schemes. You would need a constant supply of ignorant, short-sighted greedy people, and they're just so rare to find these days...

    12. Re:Theft is theft by SL+Baur · · Score: 1

      As long as you are doing it with your own account and character, theft, bribery, stealing, or whatever else is okay as long as it's in-game.

      I would agree with that.

      Obviously stealing someone's account or password

      It also "obviously" depends on your version of the definition of the word "stealing".

      The woman in Japan who got so angry did not "steal" anything. Her virtual "husband" and eventual virtual ex gave her his "keys to the kingdom". She is in jail now and that's a most dangerous precedent to set, in my opinion.

    13. Re:Theft is theft by jonaskoelker · · Score: 1

      For legal purposes, I think online games should be defined as a foreign nation. No actual property or currency crosses the border into your real country of residence, since it all exists in game

      True, but the virtual property is still possessed in The Netherlands, in the sense that the item (user:pass) required to control use of the virtual property resides in the victim boy's head in The Netherlands. In the same sense, you possess your car through the proxy that is your car keys.

      Lawyers are used to dealing with indirect forms of possession. I remember reading an interesting wikipedia article about it, but I can't seem to find it now.

      I don't think there's a need to turn online worlds into foreign nations. But one has to be careful about which laws to transplant onto them. Forbidding killing other characters--would that also make it illegal to depict murder in movies? Would it make Wile E. Coyote's cartoon acts of attempted animal cruelty illegal? For the more gruesome, see Happy Tree Friends.

      I think a good first approximation for judging when to apply laws to what happens in virtual worlds is to look at the real world effects. The kid was violently forced to give up real-world possesion (of a virtual object).

      If someone ganks me over and over and over, and doesn't target anyone else, that would probably annoy me to no end. Maybe, depending on the facts of the case, that should be treated as harassment [I'm being annoyed in the real world for the sole purpose of annoying me]. That's a big Maybe, though, and people should be a bit thick-skinned.

      But if someone hides in the bushes near the main road and succeeds their pick pockets roll against me, I'm not being deprived of real-world possession: my power to control use of my virtual gold pieces only go as far as the rules of the game say it goes.

      So, extending laws into virtual worlds: no. But the virtual worlds are a part of the real world. In some cases it would make sense to apply real-world laws to something that in part takes place in a virtual world. Be wary of techno-illiterate judges, though.

      -- Jonas K

    14. Re:Theft is theft by devman · · Score: 1

      EVE's currency has depreciated as time has gone on. At the time the scam was run the real world value of all that in-game money was about $117,000 USD. It's by far the biggest virtual fleecing in the history of MMO's

  7. I would like to take this opportunity by yttrstein · · Score: 0

    To invite every avatar of Japanese origin to kiss my virtual ass, because what happened there is just silly.

    1. Re:I would like to take this opportunity by BPPG · · Score: 2, Insightful

      The only thing sillier is the article itself. The story about the Japanese woman never actually says that she deleted her online "husband's" character, it repeatedly refers to the act as "killing" the avatar. Using the English language in that way should be punishable by a reading by William McGonagall.

      --
      What's the value of information that you don't know?
    2. Re:I would like to take this opportunity by yttrstein · · Score: 1

      You know that's a really good point. Does anyone know if this kind of thing has been tested in a US court yet? I'd very much like to know how this sort of reference (killing rather than deleting, stealing rather than moving/copying, etc) would stand up under litigation, or whether it would be able to be used at all. (or whether it would actually be encouraged)

    3. Re:I would like to take this opportunity by Artraze · · Score: 1

      > stealing rather than moving/copying

      Um... You are aware that moving and copying are very different things? "Moving" is essentially the definition of stealing, i.e. I move something out of your possession into mine. Copying is, however, not stealing because you still have the original (and therefore the only person 'harmed' is the copyright holder).

      Remember, just because it's digital doesn't mean it can't be stolen.

    4. Re:I would like to take this opportunity by Lobster+Quadrille · · Score: 1

      "Pirating" rather than "Infringing copyright" has been used in court for some time. I'm not really sure what you're asking.

      --
      "The cup is in turn designed for holding hot or cold liquids, and has an open rim and closed base." --US Patent #5425497
    5. Re:I would like to take this opportunity by jaguth · · Score: 0

      Dude, I know exactly what would happen if this were taken up in US court: The Judge would through it out because its a waste of tax dollars.

      I mean, come on, if you read the EULA for Second-Life, you know that your pretty much fucked if you a) Willingly share your account logon credentials and b) The other person deletes it.

      Sometimes I can't believe how stupid Japan's law enforcement can be. They wasted 620 miles of gas on such a stupid accusation.

    6. Re:I would like to take this opportunity by yttrstein · · Score: 1

      I'm referring to the way these files exist on the servers involved. For example, some MMORPGs (I'm sorry I cant name any, I never know what NDA is active)never move or copy any object, because they exist somewhat plurally inside a database. When activated (an inventory is taken, an object is "worn" or "traded") the object is "constructed" in-world on the fly from it's database constituents. In this case, giving an object to someone else isn't actually doing anything except replacing a UID (something equivalent, close enough) in a field.

      In this sort of a case it occurs to me that simply replacing the original UID is trivial enough that it might not technically be considered "stealing"--though if pulled off, most definitely "hacking" if it happens that an object is moved into the inventory of another person without the original "owners" consent.

      I suspect this is a very important ethical issue and shouldn't be dismissed quickly, but instead studied carefully, even if the answer at first seems obvious.

  8. Re:bah by Anonymous Coward · · Score: 2, Funny

    in Soviet Russia virtual property steals you!

    That explains the botnets, then!

  9. The Dutch ahve never by geekoid · · Score: 1, Redundant

    sent anyone to jail for Assault and battery?
    I find that..odd.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    1. Re:The Dutch ahve never by borizz · · Score: 2, Insightful

      We have, but that's not news-worthy. The stealing virtual goods (regardless of how I feel about it) is the new part that is being reported.

  10. I didn't know the Dutch had Ag Assault by LithiumX · · Score: 4, Funny

    Erm... while I'm not too horribly offended over the theft of virtual (game) property, the fact that it was a matter of Aggravated Assault is a totally different matter.

    Wait, the knife and beating happened in the real world, right?

    --
    Do not confuse "Freedom of Choice" with "Free Will".
    1. Re:I didn't know the Dutch had Ag Assault by BigAssRat · · Score: 1

      Do not confuse "Freedom of Choice" with "Free Will".

      Or with "Free Wii"

    2. Re:I didn't know the Dutch had Ag Assault by Anonymous Coward · · Score: 0

      "Wait, the knife and beating happened in the real world, right?"

      it happened in http://maps.google.com/maps?q=the%20netherlands

      I've heard that pot, and some other drugs are legal there, and that pictures of children in unclothed state is not illegal, if they are paid actors. i don't know if a non-police state can be considered to be part of 'reality'

      i mean commercializing substances that they consider as safe enough, under legislation rather than illegal, in most of the rest of modern the world... and in a country with the 10TH highest GNP, (the last stat according to wikipedia) oh yeah, and the country is below sea level in some places, thanks to dikes and water pumping systems designed centuries ago. when they only had stonework and windmills to keep the land dry.

      just imagine if dikes and pumping systems had to keep an american city dry and if electricity went out for a week, and you have hurricane katrina. it's quite amazing that the dutch recovered so much land from the sea with old technology. i wonder if they put a big wind turbine close enough to new orleans that they could switch on water pumping systems without restoring the grid, what might happen in future overtopping and breaches of the channel walls.

    3. Re:I didn't know the Dutch had Ag Assault by firmamentalfalcon · · Score: 1

      It may have happened in the real world but why would Slashdot care? It's the Theft of Virtual Property that made most readers click on link. Probably shows that our priorities are messed up.

    4. Re:I didn't know the Dutch had Ag Assault by Arancaytar · · Score: 1

      Yes, yes it did. If they forced him to log into the game, it would kind of have to.

  11. First of its kind? by Anonymous Coward · · Score: 0

    How is this any different from stealing shares of stock, or other "paper money"?

  12. Is that real jail? by Anonymous Coward · · Score: 1, Funny

    Or virtual jail?

  13. What a treat... by Emb3rz · · Score: 3, Funny

    "Gimme loots or I PK u IRL lol"

  14. 160 hours by PearsSoap · · Score: 1

    160 hours of unpaid work

    Surely it wouldn't have taken that long to actually get the items in-game?

  15. Digital crime? by psychicninja · · Score: 5, Informative

    The Japanese lady was actually charged for fraudulently accessing the guy's account, not for what she did after logging in.

    1. Re:Digital crime? by LithiumX · · Score: 1

      The Japanese lady was actually charged for fraudulently accessing the guy's account, not for what she did after logging in.

      While there should be some legal protection of any kind of secured account or well-established identity, there's got to be a line drawn somewhere between a harmless but annoying prank and a more serious crime.

      For instance, way back in the day, if people got careless about their login info on forums and other places (specifically WoW and Ultima Online), I had a nasty and totally reprehensible habit of logging in with that info, proceeding to strip their characters as naked as they could get (but leaving everything in inventory), and logging out with them in an embarrassing compromising position. It was just a prank, one I'd fallen prey to before, one that I still think is funny (because I'm a bastard).

      This Dutch thing doesn't apply, but in the case of the Japanese lady - if killing his character was no more than a minor annoyance, it was at worst just simple harassment. Anything more than a slap on the wrist would fall short of being justice.

      --
      Do not confuse "Freedom of Choice" with "Free Will".
  16. It is Good That The Assult Wasn't Virtual! by BigAssRat · · Score: 0

    Thank God those teens didn't kick the crap out of him, virtually, while in the game, they may have really been in trouble besides the "virtual" theft!?! WTF is up with the Dutch people...did they not think to try them for assault and battery in the REAL WORLD???

  17. RL: Where the women playing women are really men by acon1modm · · Score: 2, Funny

    from T2ndFA:

    The woman, who is jailed on suspicion of illegally accessing a computer and manipulating electronic data, used his identification...

    So even the real-life woman playing as the virtual woman is a man? My head is spinning.

  18. Kids these days by J.R.+Random · · Score: 3, Funny

    If those punks had kicked, beaten and threatened that boy with a knife inside the virtual world of Runescape instead of of because of Runescape it would have been perfectly legal and they'd have gotten his stuff from his corpse and leveled up. Some punks have no common sense.

    1. Re:Kids these days by idontgno · · Score: 1

      Well, some PvP fights you just can't win... differences in gear, disparity in skill, that kind of thing. I mean, to be blatantly obvious, I am awful at PvP in WoW, because I don't play enough to not panic and lose my combat skills in a PvP situation. Also because I don't play enough to have good gear in a PvP situation.

      So, logically, if you can't win in-game, win IRL. Think outside the box.

      Pretty seriously wrong.

      (Although I'll admit to wishing some pretty terrible RL fates on the d-bag players camping me for hours straight.)

      --
      Welcome to the Panopticon. Used to be a prison, now it's your home.
  19. Bad Article Summary by MWoody · · Score: 3, Insightful

    The second link is getting passed around as the Japanese woman "killing" her husband, which (rightly so) sounds ludicrous to most gamers. In reality, she logged into his account and deleted all of his characters and information, an act that is certainly worthy of some sort of punishment. Whether or not it needs to be brought to the attention of real world police is arguable, but quit making it sound like she's guilty of PvP.

    1. Re:Bad Article Summary by LithiumX · · Score: 1

      The second link is getting passed around as the Japanese woman "killing" her husband, which (rightly so) sounds ludicrous to most gamers. In reality, she logged into his account and deleted all of his characters and information, an act that is certainly worthy of some sort of punishment. Whether or not it needs to be brought to the attention of real world police is arguable, but quit making it sound like she's guilty of PvP.

      She what? Ignore anything I said before about mercy, I sincerely hope that woman was flogged, waterboarded, flogged again, maybe a little caning thrown in for the sake of globalism, culminating in her being locked up in a heavily used porta-pottie (which is then turned on it's side and slowly rolled down a hill and finally left to stew in the sun for a few hours).

      This punishment would fit the crime, as opposed to the more brutal usual Japanese punishment of being forced to undergo daily John Tesh concerts (with Phillip Glass being substituted in the event that Tesh is unavailable) for a month.

      --
      Do not confuse "Freedom of Choice" with "Free Will".
  20. A fine lesson learned by Ieatsyou · · Score: 0

    Moral of the story? Beat, kick, and threaten people with knives. But don't you DARE force him to give you his items in runescape. ............as long as you are dutch

  21. Re:RL: Where the women playing women are really me by thedonger · · Score: 1

    No, used the ID of the real guy to whom she was digitally married.

    --
    Help fight poverty: Punch a poor person.
  22. punching, kicking, knife, and then theft by funkelectric · · Score: 1

    The summary sounds decidedly stupid. I assume that sentencing was for the punching, kicking, and knife threatening as well. Alas, the stupidity carries over to the fine article itself. Hopefully the verdict itself was saner. That said, money is not so different from virtual property, so that aspect makes perfect sense.

    1. Re:punching, kicking, knife, and then theft by borizz · · Score: 1

      We're not morons. Of course they also tried the assault part of the event. But that's just not very interesting to the media. Dutch news reported (translation mine): "The duo have also been charged with threatening and maltreatment."

  23. When did this occurr? It's not possible anymore. by Anonymous Coward · · Score: 0

    This must have happened more than a year ago because you can't give away virtual property in Runescape. The system put in place prevents anyone from giving away any item valued at more than 3k. (For perspective 3k doesn't buy much of anything in RS, the valueable items are in the 100m+ range)

  24. Re:RL: Where the women playing women are really me by whitehatlurker · · Score: 1

    So even the real-life woman playing as the virtual woman is a man?

    No, the murderess (the woman) logged into the victim's (man, i.e. "his") account.

    I wonder if the virtual divorce came about because there wasn't enough "manipulating of electronic data." Wink, wink, nudge, nudge.

    --
    .. paranoid crackpot leftover from the days of Amiga.
  25. Hold on just a second. by moniker127 · · Score: 1

    What made you think you had the right to kill that murloc, buddy?
    You're coming downtown with me...

  26. She logged on with this virtual ex's character by someone1234 · · Score: 2

    So, this is truly an illegal access (the character profile is password protected).
    On the other hand, she got the password from her virtual ex, so she got the password legally.
    If the game's policy forbids password sharing (most do), then her ex is also guilty (and none of them are criminally guilty, just broke the policy of the game).

    --
    Patents Drive Free Software as Hurricanes Drive Construction Industry
    1. Re:She logged on with this virtual ex's character by XnavxeMiyyep · · Score: 1

      This is why you never tell anyone, not even your significant other, your root password.

      --
      I put the 't' in electrical engineering.
    2. Re:She logged on with this virtual ex's character by bluefoxlucid · · Score: 1

      By the time you are ready to call someone your significant other, it should be apparent you can trust them.

    3. Re:She logged on with this virtual ex's character by TypoNAM · · Score: 1

      Just hope that your significant other doesn't get a new 'friend' that has enough sense to use the single user mode backdoor in Linux to gain root access and reset the password as possible on default installations of various distributions. But of course that can easily be corrected by using an encrypted partition, that requires root password in order to mount, of which where all the goodies should be stored. ;)

      --
      This space is not for rent.
    4. Re:She logged on with this virtual ex's character by earlymon · · Score: 1

      Yeah, ok, but I personally am way ok with this bitch taking a fall. She had a virtual marriage. She got a virtual divorce. I know you RTFA, but for others her reaction was:

      "I was suddenly divorced, without a word of warning. That made me so angry," the official quoted her as telling investigators and admitting the allegations.

      I'll grant I lack the gamester mindset, but fer cryin' out loud - if this individual gets that whacked on a freaking game, then give her the adult equivalent of what many parents give to petulant children - a time out. In this case, from society.

      Maybe the dude divorced her without warning because he became aware of what a whack job she was. And he was a dolt for not changing his compromised password.

      But ethically, if you have someone's password, and the relationship goes south, and you then use it in retribution, it's wrong. Ethically wrong.

      I've been to Japan very often. They're a lot stricter on a great many things than the US. I don't say that they're perfect, but maybe we'd have a lot less governmental, corporate and social malfeasance if our laws didn't end with all of the "letter-of" and "spirit-of" hair-splitting.

      So if the bad ethics she used is criminal in Japan, then I say go Japan, and wouldn't it be nice if we could try it their way for a change.

      --
      Pathological kinda promises Path + Logical - but instead, you get stuck with pathetic.
    5. Re:She logged on with this virtual ex's character by SL+Baur · · Score: 1

      On the other hand, she got the password from her virtual ex, so she got the password legally.
      If the game's policy forbids password sharing (most do), then her ex is also guilty (and none of them are criminally guilty, just broke the policy of the game).

      Yes, but ... she got moved across almost the whole country (Miyazaki is on the southern side of Kyushu) and put in jail Sapporo (on the northern island of Hokkaido) where her virtual ex lives. Scaling to US terms, that would be like the difference between Los Angeles, CA and somewhere in southern Maine.

      I do not condone what she did, but the punishment just seems all wrong to me.

    6. Re:She logged on with this virtual ex's character by SL+Baur · · Score: 1

      By the time you are ready to call someone your significant other, it should be apparent you can trust them.

      You must be new here (and by "here", I mean born yesterday).

      To use a popular Slashdot example, and although it excuses nothing, Nina Reiser was embezzling money from Namesys before /mnt/reiserfamily had a disk error and /mnt/reiserfamily/wife was irretrievably lost in a ReiserFS filesystem bug.

      Of course, nothing makes one cynical like a troubled marriage and subsequent divorce...

    7. Re:She logged on with this virtual ex's character by steveo777 · · Score: 1

      I'll grant I lack the gamester mindset, but fer cryin' out loud - if this individual gets that whacked on a freaking game, then give her the adult equivalent of what many parents give to petulant children - a time out. In this case, from society.

      That might be the opposite of what she needs as she's hanging out with a very impersonal society. Maybe she needs a 'time in'. As in, require her community service work with chatty people. Course, I could be wrong.

      --
      This sig isn't original enough, it's time to come up with something witty...
    8. Re:She logged on with this virtual ex's character by bluefoxlucid · · Score: 1

      I don't think Hans honestly could say he loved his wife. Maybe he was obsessive, maybe he liked banging her, maybe she was a habit (you hate being dumped or having to dump the psycho bitch girlfriend you can't stand, don't you?), but I don't think he loved her. And I don't think she loved him back. Some SO, huh?

  27. Virtual killing = jail? by philspear · · Score: 1

    The case of the tokyo woman involved her killing his maple story character. Anyone who has played maple story for a few minutes knows this was an act of kindness, not criminal.

    But anyway, what are the chances we see the vice versa: Real murders get you virtual jail time. After all, turnaround is fair play. Making murderers play Maple Story to punish them would be fitting.

    1. Re:Virtual killing = jail? by Icarium · · Score: 1

      I just had a scary mental image of inmates being required to provide free powerleveling and grinding services for MMO's as punishment...

  28. As C Heston said... by elfin_spectre · · Score: 2, Funny

    I'll give you my avatar when you take it from my cold dead hands.

  29. "kicked and beaten" more significant. by Anonymous Coward · · Score: 0

    Wrong title.

    "The boy was kicked and beaten and threatened with a knife while forced to ..."

    Very little to do with "virtual property".

    He was attacked and forced to give access to some electronic system.
    The motive or worth of the system access is secondary.

    Why is this news?

    Is the following news:

    "The man was kicked and beaten and threatened with a knife while forced to ... give access to his ATM account"?

    1. Re:"kicked and beaten" more significant. by Ash-Fox · · Score: 1

      Why is this news?

      Is the following news:

      "The man was kicked and beaten and threatened with a knife while forced to ... give access to his ATM account"?

      In short, yes.

      In long, I'm pretty certain the news channels would air it, newspapers would have a tidbit on it and there would be a online article on it.

      --
      Change is certain; progress is not obligatory.
  30. Stole? by Anonymous Coward · · Score: 0

    From the description it sounds like they mugged him for virtual property, not stole it.

  31. imaginary pixels..not the beating and menacing? by Simonetta · · Score: 5, Insightful

    I've come to trust the Dutch as a serious and civilized people, so I suspect that it more the kicking, beating, and menacing with a knife that got these bozos punished; not the 'theft of imaginary pixels'.

    1. Re:imaginary pixels..not the beating and menacing? by Darinbob · · Score: 1

      It's probably both. Some charges of assault, along with some charges of theft. While it's difficult to put an actual value on the losses of virtual property, it is still theft. It's normal in the US at least for prosecutors to pile on all the charges they can, and the theft part makes sense as an additional charge.

    2. Re:imaginary pixels..not the beating and menacing? by Askmum · · Score: 1

      Me too, but I also think that virtual things that cost real time to build are as real and theft of it is as punishable as theft of real items.

      I mean, when I make a program and someone steals my sourcecode, that's also considered theft. So the "imaginary pixels" part does not have very much to do with it.
      Same goes for a character on a MMO I put 100's of hours of my time in. When that is stolen, I'd be very pissed off, and when someone steals it for their benefit, I'd also consider prosecuting.

    3. Re:imaginary pixels..not the beating and menacing? by xSander · · Score: 1

      Both articles state that the judge ruled the virtual goods had value. So they got punished for stealing virtual goods as well.

    4. Re:imaginary pixels..not the beating and menacing? by DutchUncle · · Score: 1

      May have been a way to increase the perceived seriousness of the incident. Teenagers scuffling may sound minor if nobody was badly damaged; assault in the commission of a robbery sounds different.

  32. Virtual Lunch Money by Buddha-licious · · Score: 1

    Let's break this down to it's simplest form: Geek gets beat up for his virtual lunch money.
    Why's everyone so steamed? That's been happening since the dawn of the abacus.

  33. Re:Hmm... It's no Boy Wonder... by davidsyes · · Score: 0, Offtopic

    "The boy was kicked and beaten and threatened with a knife while forced to log into Runescape and giving his assets to the two perpetrators."

    Rob-bin would be impressed (or, impressed upon)... forced to LOG in to Rune's CAPE, and giving his ass sets to the two perp e trators.

    Perhaps Rune should have worn a chastity belt? And kept his cape closed...

    Anyway, moral of the story: don't store your real assets in the nether... (and, don't brag about the value of the assets...)

    --
    Previously: "Linux... Toward the Sunrise..." Now: "Linux... Toward the-- No, now, part of Every Sunrise"
  34. Re:When did this occurr? It's not possible anymore by Zarquil · · Score: 1

    From TFA: "On Sept. 6 last year"

    And this in part establishes just why the new rules were instituted.

  35. Propaganda by conureman · · Score: 1

    TFA merely wishes to publicize the precedent that this was tangible property stolen. Some (expletive not found) will try to twist this around to apply to copyright infringement cases now. I hope it played a little different in the Netherlands.

    --
    The cost of that cleanup, of course, will be borne by taxpayers, not industry.
  36. Re:Hmm... It's no Boy Wonder... Offtopic? by davidsyes · · Score: 1

    Why you dismally humourless wretch...

    --
    Previously: "Linux... Toward the Sunrise..." Now: "Linux... Toward the-- No, now, part of Every Sunrise"
  37. This contradicts earlier precedent! by RevWaldo · · Score: 4, Interesting

    Thus spake Wikipedia -

    Ooka Tadasuke (1677 - 1752) was a Japanese samurai in the service of the Tokugawa shogunate. During the reign of Tokugawa Yoshimune, as a magistrate (machi bugyo) of Edo, his roles included chief of police, judge and jury, and Yamada Magistrate (Yamada-bugyo) prior to his tenure as South Magistrate (Minami Machi-bugyo) of Edo. With the title Echizen no Kami (Governor of Echizen or Lord of the Echizen), he is often known as Ooka Echizen. He was highly respected as an incorruptible judge. In addition, he established the first fire brigade made up of commoners, and the Koishikawa Yojosho (a city hospital). Later, he advanced to the position of jisha bugyo, and subsequently became daimyo of the Nishi-Ohira Domain.

    One of the most famous stories is called "The Case of the Stolen Smell" where he heard the case of a paranoid innkeeper who accused a poor student of literally stealing the fumes of his cooking by eating when the innkeeper was cooking to flavour his dull food. Although his colleagues advised Ooka to throw the case out as ridiculous, he decided to hear the case. The judge resolved the matter by ordering the student to pass the money he had in one hand to his other and ruling that the price of the smell of food is the sound of money.

  38. There's only two things I hate in this world... by gemada · · Score: 1

    People who are intolerant of other people's cultures, and the Dutch.

  39. Re:RL: Where the women playing women are really me by acon1modm · · Score: 1

    so how did she murder his character by logging into his character? shouldn't it be forced-suicide instead of murder?

  40. Virtual property by Jerry+Smith · · Score: 1

    So: how about stealing bandwith? It's of the same reality as pixels, but mostly without bodily harm. Does this make leeching someones wireless as punishable? Does it make bandwith a 'good'? Yes, I'm from Holland, and I'm just curious.

    --
    All those moments will be lost in time, like tears in rain. Time to die.
  41. Different type of case by phorm · · Score: 1

    However, this isn't about the parent company taking away assets though, it's about a bunch of asshole kids beating and threatening another kid to take something away from him. Seems to me that - regardless of *why* they did it, they deserve a harsher punishment than they got.

    1. Re:Different type of case by vux984 · · Score: 1

      However, this isn't about the parent company taking away assets though,

      But that's the -interesting- question here.

      it's about a bunch of asshole kids beating and threatening another kid to take something away from him. Seems to me that - regardless of *why* they did it, they deserve a harsher punishment than they got.

      Yes, the beating and threats etc are a crime in their own right, and should be punished accordingly. However the judge here specifically identified that we should treat his 'game account stuff' as the same as 'his real property'.

      If had said, "we need to treat 'beating kids up' as serious whether its for their lunch money or to coerce them to make a particular move in a video game. I'd be with him, but he said something MUCH more than that.

    2. Re:Different type of case by phorm · · Score: 1

      However the judge here specifically identified that we should treat his 'game account stuff' as the same as 'his real property'.

      In this case it was probably applicable, similar to how if somebody beat your for your PIN # and drained your debit account (assault, theft, etc).

      There are plenty of virtual holdings that have no physical assets, but still have a value to the owner. How about websites? If I happen to have a high-profile and profitable .com and somebody beats me into performing a transfer of the WHOIS record.

      Intent and situations can play a role in these things, and in this case it was a physical assault with intent to deprive the owner of property. Whether that property is physical/virtual, the owner still lost it. Personally, I think a short stint of community service is a pretty lenient punishment for assault and theft. I'm hoping that Runescape permabanned their accounts, too...

    3. Re:Different type of case by vux984 · · Score: 1

      Intent and situations can play a role in these things, and in this case it was a physical assault with intent to deprive the owner of property. Whether that property is physical/virtual, the owner still lost it.

      I strongly disagree.

      Suppose the runescape tokens were instead simply a high score in pacman, and they used a physical assault to force him to reset his score, removing him from the top of the leaderboard and advancing their positions.

      Suppose they used a physical assault to force him to flunk an exam, hurting his grade, and because its on curve, advancing theirs.

      We shouldn't treat a high score in pacman or leaderboard position as "property". Nor should we treat his grades as "property". We should simply recognize that he was forcibly coerced into doing something that was against his interests, and that he didn't wish to do.

      We clearly don't have to declare his runescape tokens as equivalent to real property to recognize that a wrong has occurred, and that his interests have been harmed.

      Personally, I think a short stint of community service is a pretty lenient punishment for assault and theft. I'm hoping that Runescape permabanned their accounts, too...

      Agreed.

    4. Re:Different type of case by phorm · · Score: 1

      Nothing was transferred from one person to another in these examples, physical or otherwise.

    5. Re:Different type of case by vux984 · · Score: 1

      Nothing was transferred from one person to another in these examples, physical or otherwise.

      Precisely.

      We don't need to recognize things that aren't property as being property in order to find the cases equivalent in terms of harm caused.

      In ALL cases, the people committing the assult 'gained' from the assault, and the victim was harmed (beyond the assult itself) even though there was no property transferred.

      We don't need to assign 'virtual tokens on a WoW playsheet' as "real property". The pacman score or the grade score analagies capture ALL the motivation, harm, and benefit characteristics of a 'coerced property transfer' without needing property... ergo... the judges statement that we should recognize wow items as equivalent to 'real property' to capture the characteristics of this crime is FALSE.

  42. Wow. by Anonymous Coward · · Score: 0

    In how many ways can you say "WHAT THE FUCK!?".
    That is the most ridiculous, hilarious, and stupidest thing I've ever heard! RuneScape was full of idiots in the first place, but, as Emb3rz said, "Gimme loots or I PK u IRL lol", that's totally believable right now! This is the kind of things that will deter people from the Internet, eventually getting it shutdown, or just... fucking boring. *sigh*
    Genuine WTF right there.

  43. A rather light sentence.. by tjstork · · Score: 1

    Let's see, two young adults beat up a little boy and held him up at knifepoint to steal from software, and they get community service. That's pathetic!

    --
    This is my sig.
  44. That isn't theft by greenlead · · Score: 1

    That isn't theft, it's robbery. They battered him and forced him to perform an action. This is no different than forcing someone to operate an ATM.

  45. The virtual theft is not what's punished here by ghostbar38 · · Score: 0

    Obviously is the physical assault, not the virtual theft. Stop lying for getting pageviews, thanks. There's enough real news.

    --
    ghostbar page.
  46. Angry by Anonymous Coward · · Score: 0

    This Article makes me very very angry. Not only because there are people in this world that are low enough to do such a thing, but the fact that this is also putting another bad face on the name of video games. There punishment has nothing to do with "stealing virtual property." It's entirely about threatening, kicking, beating, and pulling a knife on the victim.

  47. The court says: 1972 by Saysys · · Score: 1

    "Trials defined a video game as an apparatus that displays games by manipulating the video display signal of the raster equipment: a television set, a monitor, etc. The previous computer games did not use a video display, so did not qualify as such in the courts."

    Sorry folks. We've still got to wait until the middle of Hilary's second term in office to have 50 years of video games.

  48. That's nothing! by Anonymous Coward · · Score: 0

    In Australia, the unemployed are sentenced to 180 hours or more of community service, just for being unemployed for longer than three months.

  49. first time? by LostMyBeaver · · Score: 1

    Is this the first time a Dutch court has punished teenagers fo violently attacking someone to steal something of value to them?

    What did they do before, give them lollipops and medals of achievment?

  50. What I don't understand is this- by hairyfeet · · Score: 1

    What I don't get is what right the Japanese had to do ANYTHING to the girl. I mean,lets look at it logically for a sec,okay?

    Dumbass A gives USERNAME AND PASSWORD for his character to girl B. Dumbass A then dumps girl B to get his mac on and DOESN'T BOTHER to change his account. Girl B gets pissed and uses the password and username he GAVE HER and that he DIDN'T CHANGE and gives him the online equivalent to a kick in the nuts by "killing" his character. And this is a problem because? Had he never heard about a "woman scorned"?

    So is there ANYONE here who wouldn't have seen this even coming a mile away? And what kind of moron gives his passwords to his little online"wife" and then dumps her and doesn't change the password first? If the courts should do anything in that case it should be forcing Dumbass A to wear "I'm an idiot for giving out my username and password" on a t-shirt for a month of even bringing this stupidity to the cops. What saddens me is everytime I think I have seen the absolute bottom of the barrel when it comes to total stupidity along comes a brain trust like this that proves that if you keep digging you can always go under the barrel! What a dumbass!

    --
    ACs don't waste your time replying, your posts are never seen by me.
    1. Re:What I don't understand is this- by space_jake · · Score: 1

      If you lend someone a spare key to your house or car then they are free to use these things as if they were their own? Its irresponsible to not reclaim these keys (or change your password) but it sure doesn't make it okay for them to use/abuse them.

    2. Re:What I don't understand is this- by hairyfeet · · Score: 1

      If you are a girl(I know this is slashdot,so the odds are zip of that being true,but play along...okay?) and I give you the keys to my place and access to my bank account, and then I dump you and act like you don't even freaking exist,is there ANYONE,who in their right mind would NOT expect you to get even? I'm sorry,but it would be a classic case of stupid me.

      IMHO this makes a perfect example of what is obviously a global epidemic: Trying to rubber coat the world to protect the ridiculously stupid from....well,being stupid. Sorry,but that is exactly the WRONG thing to do. Trying to protect the incredibly stupid from their own stupidity not only is as impossible as bailing out the ocean with a teacup,as no matter how many laws you pass to protect the stupid they will always do something so damned dumb that you haven't even thought of a law to protect them from that case, but it also sets a bad example of a gargantuan proportions. It says to the idiot "Hey Don't try to think,or use reason,or even the tiniest bit of common sense. Because no matter how big of an idiot you are we will come riding to the rescue". And in the modern society do we REALLY want a reason for the non thinking public to think even less than they do now?

      --
      ACs don't waste your time replying, your posts are never seen by me.
    3. Re:What I don't understand is this- by Rary · · Score: 1

      The guy in this case did something stupid, and you're right that he should have expected some form of retaliation. But that doesn't make that retaliation right.

      People have to take responsibility for their actions. In this case, that means both the man and and woman. He needs to accept that he did something stupid, which enabled what she did. However, she made her own choices. No one forced her to retaliate against him. Regardless of what her reasons were, or what he did to enable her actions, she still did something wrong and worthy of punishment.

      In a civilized society, we don't let criminals off the hook just because the victim of their crime is an idiot.

      --

      "You cannot simultaneously prevent and prepare for war." -- Albert Einstein

    4. Re:What I don't understand is this- by space_jake · · Score: 1

      Stealing is stealing whether you had the keys to the place or not it should be punished. Being an idiot should not exempt one from protection of the law.

  51. No worries... by WoollyMittens · · Score: 1

    Don't worry too much about the harshness of 4 weeks of unpaid labour. In the Netherlands this mainly involves leaning on a rake, smoking herbs with the rest of the municipal gardeners.

  52. Exquise me? What about the crime? by Maxo-Texas · · Score: 0, Redundant

    Screw the virtual property- I'd think assault, battery, and using a deadly weapon should be addressed first.

    --
    She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
  53. Re:mod 04 by shentino · · Score: 1

    Hello Zippy :)

  54. Does anyone believe in investigative journalism? by SL+Baur · · Score: 1

    The only thing sillier is the article itself.

    Try googling it and see what you come up with. The results are even sadder.

    There are no sources in any .jp domain, and every other reference appears to be a rewrite of the AP news release. Compare http://technology.timesonline.co.uk/tol/news/tech_and_web/article5002721.ece for example.

    It was NOT reported in the Japan Times and I've usually found that to be a decent news source. And yes, I tried searching there first.

    Sigh. True journalism is dead.

  55. Misleading headline by Arancaytar · · Score: 1

    "The boy was kicked and beaten and threatened with a knife."

    Gee... maybe some of that is illegal? Regardless of what they stole?

  56. Virtual property? by RichiH · · Score: 1

    He was beaten, kicked and threatened with a knife! That is what those guys were convicted for.

  57. It is not only theft... by gweihir · · Score: 1

    If just the virtual items had been stolen, possibly nothing would have come of it. But there was beating anf kicking and threatening with a knife. I would say that should be punishable, regardless of intent.

    --
    Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
  58. This is old hat. by Anonymous Coward · · Score: 0

    Both of these are only 'news' in that they involve a couple games. They mostly involve some real-world component (beating, illegal access). For something more in line with what would be expected from the headline, check out the "rape" case on LambaMOO, from 15 -years- ago: http://en.wikipedia.org/wiki/A_Rape_in_Cyberspace

  59. Not virtual theft by Xenna · · Score: 1

    I've been very annoyed with the Dutch newspaper reports on this issue. All the headlines I've seen were talking about 'Virtual theft punished for the first time', which is, of course, nonsense. I'm glad /. did better.

    Theft of 'virtual property' is nothing special. Lot's of things, like my bank balance, are only represented by bits and bytes these days. If you steal it, you're still a real life thief.

    The theft, intimidation and violence were very real and very punishable. Any other decision would've been an outrage.

    Killing someone in Quake (or whatever FPS is fashionable these days) is obviously virtual murder and not punishable outside the game.

    X.

  60. No, not really by tkrotchko · · Score: 1

    I imagine the court didn't look kindly on the mugging. What was stolen was largely irrelevant.

    --
    You were mistaken. Which is odd, since memory shouldn't be a problem for you
  61. Pking - get a lawyer by Sierpinski · · Score: 1

    Man, that horde pally who ganked me last night while I was harmlessly farming for engineering schematics is going to pay now. I'm going to get Weinstein, Feinstein, and Bernstein on the case. They virtually killed me! Then he got his two friends to camp me while he "assaulted" my avatar (re: teabagging me).

    I can see the High Court of Azeroth awarding me full custody of his Netherwing Mount, and 5,000 gold for my pain and suffering!

  62. Nice sensationalist and WRONG summary. by Anonymous Coward · · Score: 0

    Slashdot editors: You fucking idiots! Are you even watching?

    What was punished here was the physical assault used to coerce the kid to give up his login info, not the virtual theft. Morons.

  63. All the more reason why by Anonymous Coward · · Score: 0

    never to play games where either money or domination is involved as a part of playing the game.

    You get into gamblers mentality and things get very, very messy. And it's no longer a game.

  64. Re:Does anyone believe in investigative journalism by Anonymous Coward · · Score: 0

    I did the same and did not find any link at first. However, the Slashdot Japan has since reported the story and has links to several Japanese sources.

    http://slashdot.jp/it/08/10/24/0413257.shtml

  65. Bogus story by Anonymous Coward · · Score: 0

    I have a level 117 account in runescape and have been playing for about 5-6 years...

    uneven trade has been nearly impossible in the game for over half a year. Unless they were taking items of relatively little worth, there is no way this story is true (the victim is probably lying). Furthermore, there is no way the court could have known that the items were the victim's property originally. So, with no proof other than a fight - the court's ruling is idiotic and the charge should have been assault... not theft. Taking items that are allowed to be unfairly traded (up to 30k in value depending) are worth like 10 cents.

    "if one person has it another can't have it"
    Every player in the game can acquire anything another player has in runescape. There is no item in the game that there is only one of. There are increasingly rare items that sell for well over 100 million gold (worth about 300$ back when real world trading was possible) but these cannot be traded unfairly (you can't just give it away.. .the game doesn't allow it).